Rhode Island 2023 Regular Session

Rhode Island House Bill H5962 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- H 5962 SUBSTITUTE A ~~AS AMENDED~~
	5	+	2023 -- H 5962 SUBSTITUTE A
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7	7		LC001869/SUB A/3
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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 CAMPAIG N CONTRIBUTIONS AND
16	16		EXPENDITURES REPORTING
17	17		Introduced By: Representatives Newberry, Edwards, Kazarian, Solomon, Chippendale,
18	18		and J. Brien
19	19		Date Introduced: March 01, 2023
20	20		Referred To: House State Government & Elections
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. Sections 17-25-3, 17-25-7, 17-25-10.1, 17-25-11, 17-25-19, 17-25-20 and 1
25	25		17-25-22 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions 2
26	26		and Expenditures Reporting" are hereby amended to read as follows: 3
27	27		17-25-3. Definitions. 4
28	28		As used in this chapter, unless a different meaning clearly appears from the context: 5
29	29		(1) “Accounts payable” means credit extended to a candidate or political committee, for 6
30	30		campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s 7
31	31		business, and the terms are substantially similar, in risk and amount, to extensions of credit to 8
32	32		nonpolitical customers. 9
33	33		(1)(2) “Business entity” means any corporation, whether for profit or not for profit, 10
34	34		domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, 11
35	35		cooperative, association, receivership, trust, holding company, firm, joint stock company, public 12
36	36		utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the 13
37	37		laws of the United States and/or the state of Rhode Island for the purpose of doing business. The 14
38	38		term “business entity” shall not include a political action committee organized pursuant to this 15
39	39		chapter or a political party committee or an authorized campaign committee of a candidate or office 16
40	40		holder. The term “business entity” shall not include any exempt nonprofit as defined herein or any 17
41	41		organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent 18
42	42
43	43
44	44		LC001869/SUB A/3 - Page 2 of 18
45	45		corresponding internal revenue code of the United States, as amended from time to time, for the 1
46	46		purposes of chapter 25.3 of title 17. 2
47	47		(2)(3) “Candidate” means any individual who undertakes any action, whether preliminary 3
48	48		or final, which is necessary under the law to qualify for nomination for election or election to public 4
49	49		office, and/or any individual who receives a contribution or makes an expenditure, or gives his or 5
50	50		her consent for any other person to receive a contribution or make an expenditure, with a view to 6
51	51		bringing about his or her nomination or election to any public office, whether or not the specific 7
52	52		public office for which he or she will seek nomination or election is known at the time the 8
53	53		contribution is received or the expenditure is made and whether or not he or she has announced his 9
54	54		or her candidacy or filed a declaration of candidacy at that time. 10
55	55		(3)(4) “Conduit” or “intermediary” means any person who receives and forwards an 11
56	56		earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise 12
57	57		limited in this chapter. 13
58	58		(4)(5) “Contributions” and “expenditures” include all transfers of money, credit or debit 14
59	59		card transactions, on-line or electronic payment systems such as “pay pal,” paid personal services, 15
60	60		or other thing of value to or by any candidate, committee of a political party, or political action 16
61	61		committee or ballot question advocate. A loan shall be considered a contribution of money until it 17
62	62		is repaid. 18
63	63		(18)(6) “Covered transfer” means any transfer or payment of funds by any person, business 19
64	64		entity, or political action committee to another person, business entity, or political action committee 20
65	65		if the person, business entity, or political action committee making the transfer: (i) Designates, 21
66	66		requests, or suggests that the amounts be used for independent expenditures or electioneering 22
67	67		communications or making a transfer to another person for the purpose of making or paying for 23
68	68		such independent expenditures or electioneering communications; (ii) Made such transfer or 24
69	69		payment in response to a solicitation or other request for a transfer or payment for the making of 25
70	70		or paying for independent expenditures or electioneering communications or making a transfer to 26
71	71		another person for the purpose of making or paying for such independent expenditures or 27
72	72		electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or 28
73	73		payment regarding independent expenditures or electioneering communications or making a 29
74	74		transfer to another person for the purpose of making or paying for such independent expenditures 30
75	75		or electioneering communications; or (iv) Made independent expenditures or electioneering 31
76	76		communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-32
77	77		year (2) period ending on the date of the transfer or payment, or knew or had reason to know that 33
78	78		the person receiving the transfer or payment made such independent expenditures or electioneering 34
79	79
80	80
81	81		LC001869/SUB A/3 - Page 3 of 18
82	82		communications in such an aggregate amount during that two-year (2) period. 1
83	83		(A) Exceptions: The term “covered transfer” does not include: 2
84	84		(I) A transfer or payment made by a person, business entity, or political action committee 3
85	85		in the ordinary course of any trade or business conducted by the person, business entity, or political 4
86	86		action committee or in the form of investments made by the person, business entity, or political 5
87	87		action committee; or 6
88	88		(II) A transfer or payment made by a person, business entity, or political action committee 7
89	89		if the person, business entity, or political action committee making the transfer prohibited, in 8
90	90		writing, the use of such transfer or payment for independent expenditures, electioneering 9
91	91		communications, or covered transfers and the recipient of the transfer or payment agreed to follow 10
92	92		the prohibition and deposited the transfer or payment in an account that is segregated from any 11
93	93		account used to make independent expenditures, electioneering communications, or covered 12
94	94		transfers. 13
95	95		(5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or 14
96	96		indirect, express or implied, oral or written, that results in all or any part of a contribution or 15
97	97		expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s 16
98	98		authorized committee. 17
99	99		(6)(8) “Election” means any primary, general, or special election or town meeting for any 18
100	100		public office of the state, municipality, or district, or for the determination of any question 19
101	101		submitted to the voters of the state, municipality, or district. 20
102	102		(7)(9) “Election cycle” means the twenty-four month (24) period commencing on January 21
103	103		1 of odd number years and ending on December 31 of even number years; provided, with respect 22
104	104		to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 23
105	105		17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of 24
106	106		odd numbered years and ending December 31 of even numbered years. 25
107	107		(16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or 26
108	108		electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, 27
109	109		authorized candidate campaign committee, or political party committee and that unambiguously 28
110	110		identifies a candidate or referendum and is made either within sixty (60) days before a general or 29
111	111		special election or town meeting for the office sought by the candidate or referendum; or thirty (30) 30
112	112		days before a primary election, for the office sought by the candidate; and is targeted to the relevant 31
113	113		electorate. 32
114	114		(i) A communication that refers to a clearly identified candidate or referendum is “targeted 33
115	115		to the relevant electorate” if the communication can be received by two thousand (2,000) or more 34
116	116
117	117
118	118		LC001869/SUB A/3 - Page 4 of 18
119	119		persons in the district the candidate seeks to represent or the constituency voting on the referendum. 1
120	120		(ii) Exceptions: The term “electioneering communication” does not include: 2
121	121		(A) A communication appearing in a news story, commentary, or editorial distributed 3
122	122		through the facilities of any broadcasting station, unless such facilities are owned or controlled by 4
123	123		any political party, political committee, or candidate; 5
124	124		(B) A communication that constitutes a candidate debate or forum conducted pursuant to 6
125	125		regulations adopted by the board of elections or that solely promotes such a debate or forum and is 7
126	126		made by or on behalf of the person sponsoring the debate or forum; 8
127	127		(C) A communication made by any business entity to its members, owners, stockholders, 9
128	128		or employees; 10
129	129		(D) A communication over the internet, except for (I) Communications placed for a fee on 11
130	130		the website of another person, business entity, or political action committee; and (II) Websites 12
131	131		formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 13
132	132		or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 14
133	133		(E) Any other communication exempted under such regulations as the board of elections 15
134	134		may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 16
135	135		implementation of this paragraph. 17
136	136		(21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the 18
137	137		Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) 19
138	138		of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on 20
139	139		independent expenditures, electioneering communications, and covered transfers as defined herein 21
140	140		and certifies the same to the board of elections seven (7) days before and after a primary election 22
141	141		and seven (7) days before and after a general or special election. 23
142	142		(12) “Fair market value” means the usual and normal charge for goods and services as 24
143	143		determined by the marketplace from which they ordinarily would have been purchased at a usual 25
144	144		and normal charge in an arm's length transaction. 26
145	145		(i) For purposes of this subsection, “usual and normal charge for goods” means the price 27
146	146		of those goods in the market from which they ordinarily would have been purchased at the time of 28
147	147		the contribution. “Usual and normal charge for services”, other than those provided by an unpaid 29
148	148		volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate 30
149	149		prevailing at the time the services are rendered. 31
150	150		(19)(13) For the purposes of chapter 25.3 of title 17, “donation” means all transfers of 32
151	151		money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” 33
152	152		paid personal services, or other thing of value to or by any person, business entity, or political 34
153	153
154	154
155	155		LC001869/SUB A/3 - Page 5 of 18
156	156		action committee. A loan shall be considered a donation of money until it is repaid. 1
157	157		(20)(14) For the purposes of chapter 25.3 of title 17, “donor” means a person, business 2
158	158		entity, or political action committee that makes a donation. 3
159	159		(22)(15) For purposes of chapter 25.3 of title 17, “referendum” means the same as the 4
160	160		definition set forth in § 17-5-1. 5
161	161		(17)(16) “Independent expenditure” means an expenditure that, when taken as a whole, 6
162	162		expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat 7
163	163		of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no 8
164	164		way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate 9
165	165		committee, or political party committee. An expenditure amounts to the functional equivalent of 10
166	166		express advocacy if it can only be interpreted by a reasonable person as advocating the election, 11
167	167		passage, or defeat of a candidate or referendum, taking into account whether the communication 12
168	168		mentions a candidate or referendum and takes a position on a candidate’s character, qualifications, 13
169	169		or fitness for office. An independent expenditure is not a contribution to that candidate or 14
170	170		committee. 15
171	171		(i) Exceptions: The term “independent expenditure” does not include: 16
172	172		(A) A communication appearing in a news story, commentary, or editorial distributed 17
173	173		through the facilities of any broadcasting station, unless such facilities are owned or controlled by 18
174	174		any political party, political committee, or candidate; 19
175	175		(B) A communication that constitutes a candidate debate or forum conducted pursuant to 20
176	176		regulations adopted by the board of elections or that solely promotes such a debate or forum and is 21
177	177		made by or on behalf of the person sponsoring the debate or forum; 22
178	178		(C) A communication made by any business entity to its members, owners, stockholders, 23
179	179		or employees; 24
180	180		(D) A communication over the internet, except for (I) Communications placed for a fee on 25
181	181		the website of another person, business entity, or political action committee; and (II) Websites 26
182	182		formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 27
183	183		or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 28
184	184		(E) Any other communication exempted under such regulations as the board of elections 29
185	185		may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 30
186	186		implementation of this paragraph. 31
187	187		(8)(17) “In-kind contributions” means the monetary value of other things of value or paid 32
188	188		personal services donated to, or benefiting, any person required to file reports with the board of 33
189	189		elections. 34
190	190
191	191
192	192		LC001869/SUB A/3 - Page 6 of 18
193	193		(9)(18) “Other thing of value” means any item of tangible real or personal property of a 1
194	194		fair-market value in excess of one hundred dollars ($100). 2
195	195		(10)(19) “Paid personal services” means personal services of every kind and nature, the 3
196	196		cost or consideration for which is paid or provided by someone other than the committee or 4
197	197		candidate for whom the services are rendered, but shall not include personal services provided 5
198	198		without compensation by persons volunteering their time. 6
199	199		(11)(20) “Person” means an individual, partnership, committee, association, corporation, 7
200	200		union, charity, and/or any other organization. The term “person” shall not include any exempt 8
201	201		nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue 9
202	202		Code of 1986, or any subsequent corresponding internal revenue code of the United States, as 10
203	203		amended from time to time, for the purposes of chapter 25.3 of title 17 only. 11
204	204		(12)(21) “Political action committee” means any group of two (2) or more persons that 12
205	205		accepts any contributions to be used for advocating the election or defeat of any candidate or 13
206	206		candidates. Only political action committees that have accepted contributions from fifteen (15) or 14
207	207		more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted 15
208	208		to make contributions, and those committees must make contributions to at least five (5) candidates 16
209	209		for state or local office within an election cycle. 17
210	210		(13)(22) “Public office” means any state, municipal, school, or district office or other 18
211	211		position that is filled by popular election, except political party offices. “Political party offices” 19
212	212		means any state, city, town, ward, or representative or senatorial district committee office of a 20
213	213		political party or delegate to a political party convention, or any similar office. 21
214	214		(14)(23) “State” means state of Rhode Island. 22
215	215		(15)(24) “Testimonial affair” means an affair of any kind or nature including, but not 23
216	216		limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs 24
217	217		expressly and directly intended to raise campaign funds in behalf of a candidate to be used for 25
218	218		nomination or election to a public office in this state, or expressly and directly intended to raise 26
219	219		funds in behalf of any state or municipal committee of a political party, or expressly and directly 27
220	220		intended to raise funds in behalf of any political action committee. 28
221	221		17-25-7. Contents of reports to be filed by treasurers of candidates and committees. 29
222	222		(a) Each campaign treasurer of a candidate, each state and municipal committee of a 30
223	223		political party, and each political action committee shall keep accurate records and make a full 31
224	224		report, upon a form prescribed by the board of elections, of all contributions received, and 32
225	225		expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars 33
226		-	($200), from any one source within a calendar year, in ~~furtherance of the nomination, election, or~~ 34
	226	+	($200), except self-funding by the candidate, from any one source within a calendar year, in 34
227	227
228	228
229	229		LC001869/SUB A/3 - Page 7 of 18
230		-	defeat of any candidate or the approval or rejection of ~~any question submitted to the voters, or at~~ 1
231		-	any financial town meeting, financial town referendum, ~~or other election at which amendments to~~ 2
232		-	a city or town charter are proposed, during the period ~~from the date of the last report, or in the case~~ 3
233		-	of the initial report, beginning on the date of the ~~appointment of the campaign treasurer for state~~ 4
234		-	and municipal committees and political action ~~committees and on the date a person becomes a~~ 5
235		-	“candidate” as defined in § 17-25-3(2) for ~~individual candidates. The report shall contain the name,~~ 6
236		-	address, and place of employment of each ~~person or source from whom the contributions and~~ 7
237		-	expenditures in excess of one hundred dollars ~~($100) two hundred dollars ($200), were received or~~ 8
238		-	~~made and~~ the ~~amount contributed~~ or ~~expended by each person or source. The report shall be filed~~ 9
239		-	~~with~~ the ~~board of elections on the dates designated in § 17-25-11~~. The ~~campaign treasurer of the~~ 10
240		-	~~candidate or committee reporting shall certify to~~ the ~~correctness~~ of ~~each report. Notwithstanding~~ 11
241		-	~~any other provisions contained in this title, this subsection~~ shall ~~apply~~ to ~~any person or entity~~ 12
242		-	~~advocating the approval~~ or ~~rejection of any question presented to voters at any financial town~~ 13
243		-	~~meeting,~~ financial town ~~referendum, or other election at which amendments to a city or town charter~~ 14
244		-	~~are proposed~~, which ~~shall file reports of contributions~~ or ~~expenditures in accordance with the filing~~ 15
245		-	~~schedule established by § 17-25-11 if~~ the ~~total of the money so expended exceeds one hundred~~ 16
246		-	~~dollars ($100) two~~ hundred ~~dollars ($200), in a calendar year. As used in this subsection, the word~~ 17
247		-	~~“entity” means any political action committee~~, ~~political party committee~~, ~~authorized campaign~~ 18
248		-	~~committee of a candidate or officer holder~~, ~~corporation~~, ~~whether for profit, not-for-profit, or exempt~~ 19
249		-	~~nonprofit pursuant to 26 U.S.C. § 501(c)(3)~~ of ~~the Internal Revenue Code, domestic corporation~~ or 20
250		-	~~foreign corporation~~, ~~as defined in~~ § ~~7-1.2-106, financial institution,~~ ~~cooperative, association,~~ 21
251		-	~~receivership~~, ~~partnership~~, ~~committee~~, ~~union, charity, trust, holding company, firm, joint stock~~ 22
252		-	~~company~~, ~~public utility~~, ~~sole proprietorship~~, ~~limited~~ partnership, ~~or any other entity recognized by~~ 23
253		-	~~the laws of the United States and/or the state of Rhode Island.~~ 24
254		-	~~(b) Each~~ state ~~and municipal committee~~ of ~~a political party shall also file with the board of~~ 25
255		-	~~elections, not later than March 1~~ of ~~each year,~~ ~~an annual report setting forth in~~ the ~~aggregate all~~ 26
256		-	~~contributions received and all expenditures made during the previous calendar~~ year, ~~whether or not~~ 27
257		-	~~these~~ expenditures ~~were made~~, ~~incurred,~~ or ~~authorized in furtherance of the election or defeat of~~ 28
258		-	~~any candidate.~~ ~~The treasurer~~ of the ~~committee~~ or ~~organization reporting shall certify to the~~ 29
259		-	~~correctness~~ of ~~each report.~~ 30
260		-	~~(c) Any report filed pursuant to the provisions~~ of ~~this section shall include contributions~~ 31
261		-	~~received from~~ any ~~“testimonial affair,” as defined in § 17-25-3, held since~~ the ~~date~~ of ~~the most~~ 32
262		-	~~recent report filed.~~ 33
263		-	~~17-25-10.1. Political contributions — Limitations~~. 34
	230	+	furtherance of the nomination, election, or defeat of any candidate or the approval or rejection of 1
	231	+	any question submitted to the voters, or at any financial town meeting, financial town referendum, 2
	232	+	or other election at which amendments to a city or town charter are proposed, during the period 3
	233	+	from the date of the last report, or in the case of the initial report, beginning on the date of the 4
	234	+	appointment of the campaign treasurer for state and municipal committees and political action 5
	235	+	committees and on the date a person becomes a “candidate” as defined in § 17-25-3(2) for 6
	236	+	individual candidates. The report shall contain the name, address, and place of employment of each 7
	237	+	person or source from whom the contributions and expenditures in excess of one hundred dollars 8
	238	+	($100) two hundred dollars ($200), except self-funding by the candidate, were received or made 9
	239	+	and the amount contributed or expended by each person or source. The report shall be filed with 10
	240	+	the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the 11
	241	+	candidate or committee reporting shall certify to the correctness of each report. Notwithstanding 12
	242	+	any other provisions contained in this title, this subsection shall apply to any person or entity 13
	243	+	advocating the approval or rejection of any question presented to voters at any financial town 14
	244	+	meeting, financial town referendum, or other election at which amendments to a city or town charter 15
	245	+	are proposed, which shall file reports of contributions or expenditures in accordance with the filing 16
	246	+	schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred 17
	247	+	dollars ($100) two hundred dollars ($200), except self-funding by the candidate, in a calendar year. 18
	248	+	As used in this subsection, the word “entity” means any political action committee, political party 19
	249	+	committee, authorized campaign committee of a candidate or officer holder, corporation, whether 20
	250	+	for profit, not-for-profit, or exempt nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal 21
	251	+	Revenue Code, domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial 22
	252	+	institution, cooperative, association, receivership, partnership, committee, union, charity, trust, 23
	253	+	holding company, firm, joint stock company, public utility, sole proprietorship, limited partnership, 24
	254	+	or any other entity recognized by the laws of the United States and/or the state of Rhode Island. 25
	255	+	(b) Each state and municipal committee of a political party shall also file with the board of 26
	256	+	elections, not later than March 1 of each year, an annual report setting forth in the aggregate all 27
	257	+	contributions received and all expenditures made during the previous calendar year, whether or not 28
	258	+	these expenditures were made, incurred, or authorized in furtherance of the election or defeat of 29
	259	+	any candidate. The treasurer of the committee or organization reporting shall certify to the 30
	260	+	correctness of each report. 31
	261	+	(c) Any report filed pursuant to the provisions of this section shall include contributions 32
	262	+	received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most 33
	263	+	recent report filed. 34
264	264
265	265
266	266		LC001869/SUB A/3 - Page 8 of 18
267		-	~~(a)(~~1~~) No person, other than the candidate to his or her own campaign, nor any~~ political 1
268		-	~~action committee shall make a contribution~~ or ~~contributions to~~ any ~~candidate, as defined by § 17-~~2
269		-	~~25-3, or political~~ action committee or ~~political party committee that~~, ~~in the aggregate,~~ ~~exceed one~~ 3
270		-	~~thousand dollars ($1~~,~~000) two thousand dollars ($2,000) within a calendar year; nor shall any~~ 4
271		-	~~political action committee make such contributions that in the aggregate,~~ ~~exceed twenty-five~~ 5
272		-	~~thousand dollars ($25,000) within a calendar year; nor shall any candidate or any~~ political action 6
273		-	~~committee~~ or any political ~~party committee accept a contribution or contributions that, in the~~ 7
274		-	~~aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within~~ a ~~calendar~~ 8
275		-	~~year from any~~ one ~~person or political action committee.~~ 9
276		-	~~(2) Notwithstanding the provisions of subdivision (1) of this subsection, a~~ person or 10
277		-	~~political action committee~~ or ~~political party committee may contribute an amount that in the~~ 11
278		-	~~aggregate, does not exceed ten thousand dollars ($10,000) within a calendar year to a~~ political party 12
279		-	~~committee~~, ~~which funds can be utilized for organizational and~~ party ~~building activities, but shall~~ 13
280		-	~~not~~ be ~~used~~ for ~~contributions to candidates state~~ and ~~local for public office.~~ 14
281		-	~~(b)~~ Contributions to ~~a named candidate made to any political committee authorized by that~~ 15
282		-	~~candidate~~ to ~~accept contributions on the~~ candidate~~’s behalf shall be considered~~ to ~~be contributions~~ 16
283		-	~~made~~ to the candidate. Contributions ~~to a candidate by a political committee for another person~~ 17
284		-	~~shall be considered~~ to be contributions by ~~that~~ person. 18
285		-	~~(c) Expenditures made~~ by ~~any~~ person ~~in cooperation, consultation, or concert with, or at~~ 19
286		-	~~the request or suggestion of~~, ~~a candidate, the candidate’s authorized political committees~~, or ~~their~~ 20
287		-	~~agents shall be considered to be~~ a ~~contribution to~~ the candidate. 21
288		-	~~(d)~~ The ~~financing by any person of the dissemination, distribution, or republication, in~~ 22
289		-	~~whole or in part,~~ of ~~any broadcast or any written~~, ~~graphic~~, or ~~other form of campaign materials~~ 23
290		-	~~prepared by the candidate~~, ~~the candidate’s campaign committees~~, or ~~their authorized agents shall~~ 24
291		-	~~be considered to be a contribution to a~~ candidate. 25
292		-	~~(e) Nothing in this section shall~~ be ~~construed~~ to ~~restrict political party committees~~ 26
293		-	~~organized pursuant~~ to ~~this title from making contributions to the candidates of that~~ political party; 27
294		-	~~provided,~~ that ~~these contributions, other than allowable “in-kind” contributions, shall not exceed,~~ 28
295		-	~~in the aggregate~~, ~~twenty-five thousand dollars ($25~~,~~000) to any one candidate within a calendar~~ 29
296		-	~~year; nor shall~~ any candidate ~~accept~~ a ~~contribution or contributions, other than allowable “in-kind”~~ 30
297		-	contributions, ~~that,~~ in ~~the aggregate, exceed twenty-five thousand dollars ($25,000) within a~~ 31
298		-	~~calendar year from all committees of his or her political party. There shall be no restriction on~~ the 32
299		-	~~amount~~ of ~~“in-kind” contributions that a~~ political party ~~committee may make to a candidate of its~~ 33
300		-	political party~~; provided,~~ ~~that for the purposes~~ of ~~this subsection only, the cost of any preparation~~ 34
	267	+	17-25-10.1. Political contributions — Limitations. 1
	268	+	(a)(1) No person, other than the candidate to his or her own campaign, nor any political 2
	269	+	action committee shall make a contribution or contributions to any candidate, as defined by § 17-3
	270	+	25-3, or political action committee or political party committee that, in the aggregate, exceed one 4
	271	+	thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any 5
	272	+	political action committee make such contributions that in the aggregate, exceed twenty-five 6
	273	+	thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action 7
	274	+	committee or any political party committee accept a contribution or contributions that, in the 8
	275	+	aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar 9
	276	+	year from any one person or political action committee. 10
	277	+	(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person or 11
	278	+	political action committee or political party committee may contribute an amount that in the 12
	279	+	aggregate, does not exceed ten thousand dollars ($10,000) within a calendar year to a political party 13
	280	+	committee, which funds can be utilized for organizational and party building activities, but shall 14
	281	+	not be used for contributions to candidates state and local for public office. 15
	282	+	(b) Contributions to a named candidate made to any political committee authorized by that 16
	283	+	candidate to accept contributions on the candidate’s behalf shall be considered to be contributions 17
	284	+	made to the candidate. Contributions to a candidate by a political committee for another person 18
	285	+	shall be considered to be contributions by that person. 19
	286	+	(c) Expenditures made by any person in cooperation, consultation, or concert with, or at 20
	287	+	the request or suggestion of, a candidate, the candidate’s authorized political committees, or their 21
	288	+	agents shall be considered to be a contribution to the candidate. 22
	289	+	(d) The financing by any person of the dissemination, distribution, or republication, in 23
	290	+	whole or in part, of any broadcast or any written, graphic, or other form of campaign materials 24
	291	+	prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall 25
	292	+	be considered to be a contribution to a candidate. 26
	293	+	(e) Nothing in this section shall be construed to restrict political party committees 27
	294	+	organized pursuant to this title from making contributions to the candidates of that political party; 28
	295	+	provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed, 29
	296	+	in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar 30
	297	+	year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind” 31
	298	+	contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a 32
	299	+	calendar year from all committees of his or her political party. There shall be no restriction on the 33
	300	+	amount of “in-kind” contributions that a political party committee may make to a candidate of its 34
301	301
302	302
303	303		LC001869/SUB A/3 - Page 9 of 18
304		-	~~and airing~~ of ~~television and/or radio advertisements and~~ the cost of any ~~print advertisements shall~~ 1
305		-	~~not be considered an allowable “in-kind” contribution~~ and ~~shall be subject to~~ the ~~aggregate~~ 2
306		-	~~limitation of twenty-five thousand dollars ($25,000).~~ 3
307		-	(f)~~(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall~~ 4
308		-	~~be deemed~~ a contribution from ~~the~~ individual ~~for the purpose of determining whether aggregate~~ 5
309		-	~~contributions exceed either~~ the ~~one hundred dollar ($100) two hundred dollar ($200) threshold~~ for 6
310		-	~~reporting purposes or~~ the one ~~thousand~~ dollar ($~~1,000~~) two ~~thousand~~ dollar ($~~2,000~~) ~~maximum~~ for 7
311		-	~~contributions to a single candidate~~ or ~~political action committee within a calendar year.~~ 8
312		-	~~(2) No dependent child shall contribute an amount that, when added~~ to ~~contributions~~ 9
313		-	~~already made by that child’s parent or legal guardian and by other~~ dependent ~~children of~~ that ~~parent~~ 10
314		-	or legal guardian~~, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum~~ 11
315		-	~~for contributions to a single candidate~~ or ~~political action committee within a calendar year.~~ 12
316		-	~~(g) Nothing in this section shall be construed~~ to ~~restrict the amount of money that~~ a 13
317		-	~~candidate can borrow~~ in ~~his or her own name, and subsequently contribute or loan~~ to ~~his or her own~~ 14
318		-	~~campaign.~~ 15
319		-	~~(h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic~~ 16
320		-	~~corporation or foreign~~ corporation, ~~as defined in § 7-1.2-106,~~ or ~~other business entity to make any~~ 17
321		-	~~campaign contribution~~ or ~~expenditure~~, as defined in § ~~17-25-3~~, to ~~or for~~ any ~~candidate, political~~ 18
322		-	~~action committee,~~ or ~~political party committee~~, or for any candidate, political ~~action committee, or~~ 19
323		-	political party committee ~~to accept~~ any ~~campaign contribution~~ or ~~expenditure from a corporation~~ 20
324		-	~~or other business entity.~~ Any contribution ~~made in the personal name of any employee of~~ a 21
325		-	~~corporation~~ or other business entity~~, for which~~ the employee ~~received or will receive reimbursement~~ 22
326		-	~~from the~~ corporation or other business entity, ~~shall be considered as a contribution by~~ the 23
327		-	corporation or other business entity, ~~in violation of this section.~~ 24
328		-	~~(2) Any voluntary payroll deduction and/~~or ~~contribution made by employees~~ of a 25
329		-	~~corporation~~ or ~~other business entity shall not be deemed a contribution~~ of a ~~corporation or other~~ 26
330		-	business entity~~, notwithstanding that the contributions were sent to the recipient by the~~ corporation 27
331		-	~~or other~~ business entity. 28
332		-	~~(i) All contributions of funds shall be by check, money order,~~ or ~~credit card and may be~~ 29
333		-	~~made over the internet, but in each case the source~~ of ~~the~~ funds ~~must~~ be ~~identified; provided~~, ~~that~~ 30
334		-	~~candidates~~, ~~political action committees, and political party committees may accept contributions~~ in 31
335		-	~~cash that do not exceed twenty-five~~ ~~dollars ($25.00)~~ in ~~the aggregate from an individual within a~~ 32
336		-	~~calendar year~~. The ~~cash contribution must be delivered directly by the donor to the candidate, the~~ 33
337		-	~~campaign treasurer, or deputy treasurer~~. The ~~treasurer or deputy treasurer shall maintain a record~~ 34
	304	+	political party; provided, that for the purposes of this subsection only, the cost of any preparation 1
	305	+	and airing of television and/or radio advertisements and the cost of any print advertisements shall 2
	306	+	not be considered an allowable “in-kind” contribution and shall be subject to the aggregate 3
	307	+	limitation of twenty-five thousand dollars ($25,000). 4
	308	+	(f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall 5
	309	+	be deemed a contribution from the individual for the purpose of determining whether aggregate 6
	310	+	contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for 7
	311	+	reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for 8
	312	+	contributions to a single candidate or political action committee within a calendar year. 9
	313	+	(2) No dependent child shall contribute an amount that, when added to contributions 10
	314	+	already made by that child’s parent or legal guardian and by other dependent children of that parent 11
	315	+	or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum 12
	316	+	for contributions to a single candidate or political action committee within a calendar year. 13
	317	+	(g) Nothing in this section shall be construed to restrict the amount of money that a 14
	318	+	candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own 15
	319	+	campaign. 16
	320	+	(h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic 17
	321	+	corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any 18
	322	+	campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political 19
	323	+	action committee, or political party committee, or for any candidate, political action committee, or 20
	324	+	political party committee to accept any campaign contribution or expenditure from a corporation 21
	325	+	or other business entity. Any contribution made in the personal name of any employee of a 22
	326	+	corporation or other business entity, for which the employee received or will receive reimbursement 23
	327	+	from the corporation or other business entity, shall be considered as a contribution by the 24
	328	+	corporation or other business entity, in violation of this section. 25
	329	+	(2) Any voluntary payroll deduction and/or contribution made by employees of a 26
	330	+	corporation or other business entity shall not be deemed a contribution of a corporation or other 27
	331	+	business entity, notwithstanding that the contributions were sent to the recipient by the corporation 28
	332	+	or other business entity. 29
	333	+	(i) All contributions of funds shall be by check, money order, or credit card and may be 30
	334	+	made over the internet, but in each case the source of the funds must be identified; provided, that 31
	335	+	candidates, political action committees, and political party committees may accept contributions in 32
	336	+	cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a 33
	337	+	calendar year. The cash contribution must be delivered directly by the donor to the candidate, the 34
338	338
339	339
340	340		LC001869/SUB A/3 - Page 10 of 18
341		-	of the ~~name and address of all persons making these cash contributions.~~ 1
342		-	~~(j) Except as provided in subsection (h)~~ of ~~this section,~~ ~~no entity other than an individual,~~ 2
343		-	~~a political action committee which is duly registered and qualified pursuant to the terms~~ of this 3
344		-	~~chapter,~~ political ~~party~~ committee ~~authorized by~~ this ~~title, or an authorized committee of an elected~~ 4
345		-	~~official~~ or ~~candidate established pursuant to this chapter shall make any contribution to or any~~ 5
346		-	~~expenditure on behalf of~~ or ~~in opposition~~ to any ~~candidate, political action committee,~~ or ~~political~~ 6
347		-	~~party.~~ 7
348		-	~~(k) For purposes of the limitations imposed by this section, all contributions made by a~~ 8
349		-	~~person, either directly or indirectly, on behalf~~ of ~~a particular candidate~~, ~~including~~ contributions ~~that~~ 9
350		-	~~are in any way earmarked~~ or ~~otherwise directed through an intermediary or conduit to such~~ 10
351		-	~~candidate, shall be treated as contributions from such person~~ to such ~~candidate. The intermediary~~ 11
352		-	~~or conduit~~ shall ~~report~~ the ~~original source and the intended recipient of such contribution to the~~ 12
353		-	~~board of elections~~ and to the intended recipient~~, in accordance with regulations and reporting~~ 13
354		-	~~requirements promulgated by the~~ board of elections. 14
355		-	~~17-25-11. Dates for filing~~ of ~~reports by treasurers of candidates or of committees~~. 15
356		-	~~(a) During the period between the appointment~~ of ~~the campaign treasurer for state and~~ 16
357		-	~~municipal committees~~ and ~~political action committees, or in the case of an individual the date on~~ 17
358		-	~~which~~ the individual ~~becomes a “declared or undeclared candidate” as defined in § 17-25-3(2),~~ 18
359		-	~~except when~~ the ~~ninety-day~~ (90) ~~reporting period ends less than forty (40) days prior to an election~~ 19
360		-	~~in which case~~ the ninety-day (90) ~~report shall be included as part of the report required~~ to ~~be filed~~ 20
361		-	on the ~~twenty-eighth~~ (~~28th~~) ~~day next preceding the day~~ of the ~~primary, general,~~ ~~or special election~~ 21
362		-	~~pursuant to subdivision~~ (2) of ~~this subsection~~, ~~and the~~ election~~, with respect to which contributions~~ 22
363		-	~~are received or expenditures made by him or her in behalf~~ of, ~~or in opposition to, a candidate,~~ the 23
364		-	~~campaign treasurer~~ of a candidate, ~~a political party committee, or a political action committee shall~~ 24
365		-	~~file~~ a ~~report containing an account of contributions received~~, ~~and expenditures made~~, ~~on behalf of,~~ 25
366		-	~~or in opposition to,~~ a ~~candidate:~~ 26
367		-	~~(1) At ninety-day~~ ~~(90) intervals commencing on the date on which the individual first~~ 27
368		-	~~becomes a candidate,~~ ~~as defined in § 17-25-3(2);~~ 28
369		-	(2) ~~In a contested election, on the twenty-eighth (28th) and seventh (7th) days next~~ 29
370		-	~~preceding~~ the ~~day of the primary,~~ ~~general, or special election; provided, that in the case of a primary~~ 30
371		-	~~election for a special election where the twenty-eighth (28th) day next~~ preceding the day of the 31
372		-	~~primary~~ election ~~occurs prior to~~ the ~~first~~ day ~~for filing declarations~~ of ~~candidacy pursuant to § 17-~~32
373		-	~~14-1,~~ the ~~reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the~~ 33
374		-	~~day of~~ the ~~primary election for~~ the ~~special election;~~ and 34
	341	+	campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record 1
	342	+	of the name and address of all persons making these cash contributions. 2
	343	+	(j) Except as provided in subsection (h) of this section, no entity other than an individua l, 3
	344	+	a political action committee which is duly registered and qualified pursuant to the terms of this 4
	345	+	chapter, political party committee authorized by this title, or an authorized committee of an elected 5
	346	+	official or candidate established pursuant to this chapter shall make any contribution to or any 6
	347	+	expenditure on behalf of or in opposition to any candidate, political action committee, or political 7
	348	+	party. 8
	349	+	(k) For purposes of the limitations imposed by this section, all contributions made by a 9
	350	+	person, either directly or indirectly, on behalf of a particular candidate, including contributions that 10
	351	+	are in any way earmarked or otherwise directed through an intermediary or conduit to such 11
	352	+	candidate, shall be treated as contributions from such person to such candidate. The intermediary 12
	353	+	or conduit shall report the original source and the intended recipient of such contribution to the 13
	354	+	board of elections and to the intended recipient, in accordance with regulations and reporting 14
	355	+	requirements promulgated by the board of elections. 15
	356	+	17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 16
	357	+	(a) During the period between the appointment of the campaign treasurer for state and 17
	358	+	municipal committees and political action committees, or in the case of an individual the date on 18
	359	+	which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(2), 19
	360	+	except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 20
	361	+	in which case the ninety-day (90) report shall be included as part of the report required to be filed 21
	362	+	on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election 22
	363	+	pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions 23
	364	+	are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the 24
	365	+	campaign treasurer of a candidate, a political party committee, or a political action committee shall 25
	366	+	file a report containing an account of contributions received, and expenditures made, on behalf of, 26
	367	+	or in opposition to, a candidate: 27
	368	+	(1) At ninety-day (90) intervals commencing on the date on which the individual first 28
	369	+	becomes a candidate, as defined in § 17-25-3(2); 29
	370	+	(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next 30
	371	+	preceding the day of the primary, general, or special election; provided, that in the case of a primary 31
	372	+	election for a special election where the twenty-eighth (28th) day next preceding the day of the 32
	373	+	primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-33
	374	+	14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the 34
375	375
376	376
377	377		LC001869/SUB A/3 - Page 11 of 18
378		-	~~(3) A final report on~~ the ~~twenty-eighth (28th) day following~~ the election~~. The report shall~~ 1
379		-	~~contain:~~ 2
380		-	~~(i) The name and address and place of employment of each person from whom~~ 3
381		-	~~contributions in excess~~ of ~~a total~~ of ~~one hundred dollars ($100) two hundred dollars ($200), within~~ 4
382		-	a ~~calendar year were received;~~ 5
383		-	~~(ii)~~ The ~~amount contributed by each person~~; 6
384		-	(~~iii~~) The ~~name and address of~~ each person ~~to whom expenditures in excess of one hundred~~ 7
385		-	~~dollars~~ (~~$100~~) ~~two~~ hundred ~~dollars ($200), were made; and~~ 8
386		-	(iv) The ~~amount~~ and ~~purpose of each expenditure.~~ 9
387		-	(b) ~~Concurrent with~~ the ~~report filed on the twenty-eighth~~ ~~(28th) day following an election,~~ 10
388		-	~~or at any time thereafter,~~ the ~~campaign treasurer of a candidate~~, ~~or political party committee, or~~ 11
389		-	~~political action committee~~, ~~may certify to the board of elections that~~ the campaign ~~fund~~ of ~~the~~ 12
390		-	~~candidate, political party committee, or~~ political action committee ~~having been instituted for~~ the 13
391		-	~~purposes of~~ the ~~past election, has completed its business and been dissolved or, in the event that~~ 14
392		-	the ~~committee will continue its activities beyond the~~ election, ~~that~~ its business ~~regarding~~ the ~~past~~ 15
393		-	~~election has been completed.~~ The ~~certification shall be accompanied by a final accounting of~~ the 16
394		-	~~campaign fund,~~ or of the ~~transactions relating to the election, including the final disposition of any~~ 17
395		-	~~balance remaining in~~ the ~~fund at~~ the ~~time~~ of ~~dissolution or the arrangements that have been made~~ 18
396		-	~~for~~ the ~~discharge of any obligations remaining unpaid~~ at the time of dissolution. 19
397		-	~~(c)(1) Once~~ the ~~campaign treasurer certifies that~~ the ~~campaign fund has completed its~~ 20
398		-	~~business and been dissolved,~~ ~~no contribution~~ that ~~is intended to defray expenditures incurred on~~ 21
399		-	~~behalf of~~, ~~or in opposition to, a candidate during the campaign can be accepted. Until the time~~ that 22
400		-	~~the campaign treasurer certifies that~~ the campaign ~~fund has completed its business and been~~ 23
401		-	~~dissolved,~~ the ~~treasurer shall file reports containing an account of contributions received~~ and 24
402		-	~~expenditures made at ninety-day (90) intervals commencing with~~ the ~~next quarterly report~~ 25
403		-	~~following~~ the ~~election; however,~~ ~~the time to file under this subsection shall be no later than the last~~ 26
404		-	~~day of the month~~ following the ~~ninety-day (90) period~~, ~~except when~~ the last ~~day of the month filing~~ 27
405		-	~~deadline~~ following the ninety-day (90) ~~reporting period occurs less than twenty-eight~~ ~~(28) days~~ 28
406		-	~~before an election, in which case~~ the ~~report shall be filed pursuant to the provisions of subdivisions~~ 29
407		-	~~(a)(1) and (2)~~ of ~~this section. Provided, however, if the last day of the month falls on a weekend or~~ 30
408		-	a ~~holiday~~, the ~~report shall be due~~ on ~~the following business day.~~ 31
409		-	~~(2) In addition to~~ the ~~reports required pursuant to this section,~~ ~~a candidate or office holder~~ 32
410		-	~~shall also file with~~ the ~~board of elections~~ a ~~paper copy of the account statement from the~~ office 33
411		-	~~holder’s campaign account,~~ ~~which~~ account statement ~~shall be~~ the ~~next account statement issued by~~ 34
	378	+	day of the primary election for the special election; and 1
	379	+	(3) A final report on the twenty-eighth (28th) day following the election. The report shall 2
	380	+	contain: 3
	381	+	(i) The name and address and place of employment of each person from whom 4
	382	+	contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), except 5
	383	+	self-funding by the candidate, within a calendar year were received; 6
	384	+	(ii) The amount contributed by each person; 7
	385	+	(iii) The name and address of each person to whom expenditures in excess of one hundred 8
	386	+	dollars ($100) two hundred dollars ($200), except self-funding by the candidate, were made; and 9
	387	+	(iv) The amount and purpose of each expenditure. 10
	388	+	(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 11
	389	+	or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 12
	390	+	political action committee, may certify to the board of elections that the campaign fund of the 13
	391	+	candidate, political party committee, or political action committee having been instituted for the 14
	392	+	purposes of the past election, has completed its business and been dissolved or, in the event that 15
	393	+	the committee will continue its activities beyond the election, that its business regarding the past 16
	394	+	election has been completed. The certification shall be accompanied by a final accounting of the 17
	395	+	campaign fund, or of the transactions relating to the election, including the final disposition of any 18
	396	+	balance remaining in the fund at the time of dissolution or the arrangements that have been made 19
	397	+	for the discharge of any obligations remaining unpaid at the time of dissolution. 20
	398	+	(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 21
	399	+	business and been dissolved, no contribution that is intended to defray expenditures incurred on 22
	400	+	behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 23
	401	+	the campaign treasurer certifies that the campaign fund has completed its business and been 24
	402	+	dissolved, the treasurer shall file reports containing an account of contributions received and 25
	403	+	expenditures made at ninety-day (90) intervals commencing with the next quarterly report 26
	404	+	following the election; however, the time to file under this subsection shall be no later than the last 27
	405	+	day of the month following the ninety-day (90) period, except when the last day of the month filing 28
	406	+	deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 29
	407	+	before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 30
	408	+	(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 31
	409	+	a holiday, the report shall be due on the following business day. 32
	410	+	(2) In addition to the reports required pursuant to this section, a candidate or office holder 33
	411	+	shall also file with the board of elections a paper copy of the account statement from the office 34
412	412
413	413
414	414		LC001869/SUB A/3 - Page 12 of 18
415		-	~~their financial institution after~~ the ~~filing of the fourth quarterly campaign expense report. The~~ 1
416		-	~~account statement shall be submitted to~~ the ~~board within thirty (30) days~~ of ~~its receipt by~~ the 2
417		-	~~candidate, officeholder, treasurer, or deputy treasurer. The~~ account statement shall ~~not~~ be ~~deemed~~ 3
418		-	~~a public record pursuant to the provisions of chapter 2 of title 38~~. The ~~board of elections,~~ ~~its agents,~~ 4
419		-	~~and employees shall not publish, deliver, copy, or disclose,~~ to ~~any person or entity any account~~ 5
420		-	~~statement~~ or ~~information contained therein for~~ any ~~candidate, former candidate,~~ ~~officeholder, party,~~ 6
421		-	or ~~political action committee.~~ ~~Provided~~, ~~as to state and municipal political parties~~, ~~the requirements~~ 7
422		-	~~of this subsection (c)(2) shall apply~~ to the ~~annual report required pursuant to § 17-25-7.~~ 8
423		-	(d)(1) ~~There~~ shall ~~be no obligation~~ to ~~file~~ the ~~reports of expenditures~~ required ~~by this~~ 9
424		-	~~section on behalf of,~~ ~~or in opposition~~ to~~, a candidate if~~ the ~~total amount to be expended in behalf~~ of 10
425		-	~~the candidacy by~~ the ~~candidate, by any political party committee,~~ ~~by any political action committee,~~ 11
426		-	or by any ~~person shall not in the aggregate exceed one thousand dollars ($1~~,~~000) two thousand~~ 12
427		-	dollars ($2,000). 13
428		-	(2) ~~However, even though the aggregate amount expended on behalf of the candidacy does~~ 14
429		-	~~not exceed one thousand dollars~~ (~~$1,000~~) ~~two thousand dollars ($2,000)~~, ~~reports must be made~~ 15
430		-	~~listing the source and amounts of all contributions in excess of a total of~~ one ~~hundred~~ dollars ($~~100~~) 16
431		-	~~two~~ hundred dollars ($~~200~~) ~~from any one source, within a calendar year. Even though the aggregate~~ 17
432		-	~~amount expended on behalf of the candidacy does not exceed one thousand~~ dollars ($~~1,000~~) ~~two~~ 18
433		-	~~thousand dollars ($2,000) and no contribution from any one source, within a~~ calendar year ~~one~~ 19
434		-	~~hundred~~ dollars ($~~100~~) two ~~hundred~~ dollars ($~~200~~)~~, the report shall state the aggregate amount of~~ 20
435		-	~~all contributions received.~~ ~~In addition,~~ the ~~report shall state the amount of aggregate contributions~~ 21
436		-	~~that were from individuals~~, the ~~amount from political action committees, and~~ the amount ~~from~~ 22
437		-	~~political party committees.~~ 23
438		-	~~(e) On or before~~ the ~~first date for filing contribution and expenditure reports, the campaign~~ 24
439		-	~~treasurer may file a sworn statement that~~ the ~~treasurer will accept no contributions nor make~~ 25
440		-	~~aggregate expenditures in excess of~~ the ~~minimum amounts for which a report is required by this~~ 26
441		-	~~chapter. Thereafter,~~ the ~~campaign treasurer shall be excused from filing all the reports~~ for ~~that~~ 27
442		-	~~campaign~~, ~~other than~~ the ~~final report due on~~ the ~~twenty-eighth (28th) day following the election.~~ 28
443		-	~~(f) A campaign treasurer must file a~~ report ~~containing an account of contributions received~~ 29
444		-	~~and expenditures made at the ninety-day~~ (90) ~~intervals provided for in subsection (c)~~ of ~~this section~~ 30
445		-	~~for any~~ ninety-day (90) ~~period~~ in ~~which the campaign received contributions in excess~~ of ~~a total of~~ 31
446		-	~~one hundred dollars~~ (~~$100~~) ~~two hundred dollars ($200), within~~ a ~~calendar year from any one source~~ 32
447		-	~~and/or made expenditures in excess of~~ one ~~thousand~~ dollars ($~~1,000~~) two ~~thousand~~ dollars ($2,~~000)~~ 33
448		-	within a calendar year~~; however,~~ ~~the time to file under this subsection shall be no later than the last~~ 34
	415	+	holder’s campaign account, which account statement shall be the next account statement issued by 1
	416	+	their financial institution after the filing of the fourth quarterly campaign expense report. The 2
	417	+	account statement shall be submitted to the board within thirty (30) days of its receipt by the 3
	418	+	candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 4
	419	+	a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 5
	420	+	and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 6
	421	+	statement or information contained therein for any candidate, former candidate, officeholder, party, 7
	422	+	or political action committee. Provided, as to state and municipal political parties, the requirements 8
	423	+	of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 9
	424	+	(d)(1) There shall be no obligation to file the reports of expenditures required by this 10
	425	+	section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 11
	426	+	the candidacy by the candidate, by any political party committee, by any political action committee, 12
	427	+	or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand 13
	428	+	dollars ($2,000). 14
	429	+	(2) However, even though the aggregate amount expended on behalf of the candidacy does 15
	430	+	not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made 16
	431	+	listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100) 17
	432	+	two hundred dollars ($200) from any one source, except self-funding by the candidate, within a 18
	433	+	calendar year. Even though the aggregate amount expended on behalf of the candidacy does not 19
	434	+	exceed one thousand dollars ($1,000) two thousand dollars ($2,000) and no contribution from any 20
	435	+	one source, except self-funding by the candidate, within a calendar year one hundred dollars ($100) 21
	436	+	two hundred dollars ($200), the report shall state the aggregate amount of all contributions received. 22
	437	+	In addition, the report shall state the amount of aggregate contributions that were from individua ls, 23
	438	+	the amount from political action committees, and the amount from political party committees. 24
	439	+	(e) On or before the first date for filing contribution and expenditure reports, the campaign 25
	440	+	treasurer may file a sworn statement that the treasurer will accept no contributions nor make 26
	441	+	aggregate expenditures in excess of the minimum amounts for which a report is required by this 27
	442	+	chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 28
	443	+	campaign, other than the final report due on the twenty-eighth (28th) day following the election. 29
	444	+	(f) A campaign treasurer must file a report containing an account of contributions received 30
	445	+	and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 31
	446	+	for any ninety-day (90) period in which the campaign received contributions in excess of a total of 32
	447	+	one hundred dollars ($100) two hundred dollars ($200), except self-funding by the candidate, 33
	448	+	within a calendar year from any one source and/or made expenditures in excess of one thousand 34
449	449
450	450
451	451		LC001869/SUB A/3 - Page 13 of 18
452		-	~~day of~~ the ~~month following the ninety-day (90) period, except when the last day of the month filing~~ 1
453		-	~~deadline~~ following the ninety-day (90) ~~reporting period occurs less than twenty-eight (28) days~~ 2
454		-	~~before an election~~, ~~in which case~~ the ~~report shall be filed pursuant to~~ the ~~provisions of subdivisions~~ 3
455		-	(~~a)(1~~) ~~and (2) of this section. Provided~~, ~~however, if~~ the ~~last day of the month falls on a weekend or~~ 4
456		-	~~a holiday, the report~~ shall be ~~due on~~ the ~~following business day~~. 5
457		-	~~(g)(1)~~ The ~~board~~ of ~~elections may~~, ~~for good cause shown and upon~~ the ~~receipt of a written~~ 6
458		-	~~or electronic request, grant a seven-~~day ~~(7) extension for filing a report; provided, that the request~~ 7
459		-	~~must be received no later than~~ the ~~date~~ upon ~~which~~ the ~~report is due to be filed.~~ 8
460		-	(2) ~~Any person or entity required to file reports with~~ the ~~board of elections pursuant to this~~ 9
461		-	~~section and who or that has not filed~~ the report ~~by the required date,~~ ~~unless granted an extension~~ 10
462		-	pursuant to ~~subdivision (1) of~~ this ~~subsection, shall be fined twenty-five dollars ($25.00).~~ 11
463		-	~~Notwithstanding any of~~ the ~~provisions of this section,~~ the ~~board of elections shall have the authority~~ 12
464		-	to ~~waive late filing fees for good cause shown~~. 13
465		-	~~(3)~~ The board of elections shall ~~send a notice of non-compliance, by certified mail, to any~~ 14
466		-	~~person or entity who or that fails~~ to ~~file the reports required by this section~~. ~~A person or entity who~~ 15
467		-	~~or that is sent~~ a notice of non-compliance ~~and fails~~ to ~~file the required report within seven (7) days~~ 16
468		-	of the ~~receipt of the notice,~~ ~~shall be fined two dollars ($2.00) per day from the day of receipt of the~~ 17
469		-	notice of non-compliance ~~until~~ the ~~day the~~ report ~~has been received by the state board.~~ 18
470		-	~~Notwithstanding any~~ of the ~~provisions~~ of ~~this section,~~ the ~~board of elections shall have the authority~~ 19
471		-	~~to waive late filing fees for good cause shown~~. 20
472		-	~~17-25-19. Public financing~~ of ~~election campaigns — Outlined.~~ 21
473		-	~~(a)~~ To ~~effectuate the purpose stated in § 17-25-18, public funds shall be made available~~ 22
474		-	~~under the terms and conditions of this section and §§~~ 17-25-20 — ~~17-25-27 to qualifying candidates~~ 23
475		-	~~for general office and primary elections who agree~~ to ~~abide by a limitation on~~ the ~~total amount of~~ 24
476		-	~~campaign contributions received~~ and ~~expenditures made for election purposes.~~ 25
477		-	~~(b) Candidates~~ for general office and primary elections ~~shall be eligible~~ to ~~receive two~~ 26
478		-	~~dollars ($2.00) of public funds~~ for ~~each qualified dollar ($1~~.~~00) of private funds contributed which~~ 27
479		-	~~do not exceed an aggregate of five hundred dollars~~ (~~$500~~) ~~from a single source within an election~~ 28
480		-	~~cycle and one dollar~~ ($1.00) of public funds for each qualified dollar ($1.00) of private funds 29
481		-	~~contributed which~~ exceed an aggregate of five hundred dollars ($500) from a single source within 30
482		-	~~an election~~ cycle ~~but do not exceed the limitations on aggregate contributions which are eligible to~~ 31
483		-	~~be matched set in subdivision 17-25-20(3), subject to the provisions~~ of ~~subdivision 17-25-20~~(2). 32
484		-	~~The total amount of public funds provided to a candidate shall~~ not exceed ~~seven hundred fifty~~ 33
485		-	~~thousand dollars ($750,000)~~ in ~~matching funds for a total~~ of ~~one million five hundred thousand~~ 34
	452	+	dollars ($1,000) two thousand dollars ($2,000) within a calendar year; however, the time to file 1
	453	+	under this subsection shall be no later than the last day of the month following the ninety-day (90) 2
	454	+	period, except when the last day of the month filing deadline following the ninety-day (90) 3
	455	+	reporting period occurs less than twenty-eight (28) days before an election, in which case the report 4
	456	+	shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, 5
	457	+	however, if the last day of the month falls on a weekend or a holiday, the report shall be due on the 6
	458	+	following business day. 7
	459	+	(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 8
	460	+	or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 9
	461	+	must be received no later than the date upon which the report is due to be filed. 10
	462	+	(2) Any person or entity required to file reports with the board of elections pursuant to this 11
	463	+	section and who or that has not filed the report by the required date, unless granted an extension 12
	464	+	pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 13
	465	+	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 14
	466	+	to waive late filing fees for good cause shown. 15
	467	+	(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 16
	468	+	person or entity who or that fails to file the reports required by this section. A person or entity who 17
	469	+	or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 18
	470	+	of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 19
	471	+	notice of non-compliance until the day the report has been received by the state board. 20
	472	+	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 21
	473	+	to waive late filing fees for good cause shown. 22
	474	+	17-25-19. Public financing of election campaigns — Outlined. 23
	475	+	(a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available 24
	476	+	under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates 25
	477	+	for general office and primary elections who agree to abide by a limitation on the total amount of 26
	478	+	campaign contributions received and expenditures made for election purposes. 27
	479	+	(b) Candidates for general office and primary elections shall be eligible to receive two 28
	480	+	dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which 29
	481	+	do not exceed an aggregate of five hundred dollars ($500) from a single source within an election 30
	482	+	cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds 31
	483	+	contributed which exceed an aggregate of five hundred dollars ($500) from a single source within 32
	484	+	an election cycle but do not exceed the limitations on aggregate contributions which are eligible to 33
	485	+	be matched set in subdivision 17-25-20(3), subject to the provisions of subdivision 17-25-20(2). 34
486	486
487	487
488	488		LC001869/SUB A/3 - Page 14 of 18
489		-	~~dollars ($1,500,000) for candidates for governor;~~ ~~and one~~ hundred ~~eighty-seven thousand five~~ 1
490		-	~~hundred~~ dollars ($~~187~~,~~500~~) in matching funds for a total of ~~three~~ hundred ~~seventy-five~~ thousand 2
491		-	dollars ($~~375~~,000) for candidates for ~~other general offices.~~ 3
492		-	(c) In ~~order to be eligible~~ for ~~matching public funds,~~ ~~each candidate at the time he or she~~ 4
493		-	~~becomes a candidate,~~ ~~as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last~~ 5
494		-	~~day~~ for ~~filing declarations of candidacy for general office~~, ~~must sign a statement under oath~~ 6
495		-	~~pledging to comply with~~ the ~~limitations on campaign contributions and expenditures and with all~~ 7
496		-	of ~~the terms and conditions set forth in this chapter. Any candidate who fails to file the~~ statement 8
497		-	~~with his or her declaration for office shall be ineligible~~ to ~~receive public funds.~~ 9
498		-	~~17-25-20~~. ~~Eligibility criteria for matching public funds.~~ 10
499		-	~~In order~~ to receive ~~matching~~ public funds ~~under § 17-25-19, a qualifying candidate must~~ 11
500		-	~~comply with the following requirements:~~ 12
501		-	~~(1) The candidate must sign a statement~~ under ~~oath, as provided for in~~ § 17-25-19, ~~pledging~~ 13
502		-	to comply with the ~~limitations on contributions and expenditures for election purposes and with all~~ 14
503		-	the ~~terms and conditions set forth~~ in ~~this chapter. Upon the filing of the statement~~, ~~a candidate for~~ 15
504		-	~~general office shall be bound~~ to ~~abide by~~ the limitations on contributions and expenditures ~~set forth~~ 16
505		-	in this chapter ~~and may not withdraw from his or her obligation to abide by these restrictions.~~ 17
506		-	~~(2)(i) Subject~~ to the ~~provisions of paragraph (ii) of this subdivision, no participating~~ 18
507		-	~~candidate shall either receive~~ or ~~expend for election purposes more than a total of public and private~~ 19
508		-	~~funds in~~ the ~~sum~~ of ~~one million five hundred thousand dollars~~ (~~$1,500,000~~) ~~in an election cycle.~~ 20
509		-	~~No participating~~ candidate ~~for general office other than governor shall~~ receive or expend for 21
510		-	~~election purposes more than a total of public and private~~ funds in the sum of ~~three~~ hundred ~~seventy-~~22
511		-	~~five thousand dollars ($375,000) in an election cycle.~~ 23
512		-	~~(ii)~~ The ~~limitations on contributions received from private sources, matching funds~~ 24
513		-	~~available from the state~~, ~~and total permitted expenditures shall apply~~ in ~~the 1994 general~~ election 25
514		-	~~and, subject to appropriations by~~ the ~~general assembly~~, ~~shall increase by a percentage to be~~ 26
515		-	~~determined by~~ the ~~board of elections~~ in ~~January of each year in which a~~ general election ~~involving~~ 27
516		-	general ~~offices is held~~, ~~beginning in 1998. In no case~~ shall ~~the~~ increase ~~exceed the total increase in~~ 28
517		-	~~the consumer price index since~~ the ~~month~~ in which ~~the previous~~ general election involving ~~general~~ 29
518		-	~~was~~ held. 30
519		-	~~(3)(i) Only~~ the ~~first two thousand dollars ($2,000) of~~ the ~~aggregate private monetary~~ 31
520		-	~~contributions from a single private source within an election cycle shall be eligible for matching~~ 32
521		-	~~public funds for candidates for governor; provided, that~~ the ~~entire amount contributed shall be~~ 33
522		-	~~considered toward the dollar limits provided in subdivision (2) of this section.~~ 34
	489	+	The total amount of public funds provided to a candidate shall not exceed seven hundred fifty 1
	490	+	thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand 2
	491	+	dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five 3
	492	+	hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand 4
	493	+	dollars ($375,000) for candidates for other general offices. 5
	494	+	(c) In order to be eligible for matching public funds, each candidate at the time he or she 6
	495	+	becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last 7
	496	+	day for filing declarations of candidacy for general office, must sign a statement under oath 8
	497	+	pledging to comply with the limitations on campaign contributions and expenditures and with all 9
	498	+	of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement 10
	499	+	with his or her declaration for office shall be ineligible to receive public funds. 11
	500	+	17-25-20. Eligibility criteria for matching public funds. 12
	501	+	In order to receive matching public funds under § 17-25-19, a qualifying candidate must 13
	502	+	comply with the following requirements: 14
	503	+	(1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging 15
	504	+	to comply with the limitations on contributions and expenditures for election purposes and with all 16
	505	+	the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for 17
	506	+	general office shall be bound to abide by the limitations on contributions and expenditures set forth 18
	507	+	in this chapter and may not withdraw from his or her obligation to abide by these restrictions. 19
	508	+	(2)(i) Subject to the provisions of paragraph (ii) of this subdivision, no participating 20
	509	+	candidate shall either receive or expend for election purposes more than a total of public and private 21
	510	+	funds in the sum of one million five hundred thousand dollars ($1,500,000) in an election cycle. 22
	511	+	No participating candidate for general office other than governor shall receive or expend for 23
	512	+	election purposes more than a total of public and private funds in the sum of three hundred seventy-24
	513	+	five thousand dollars ($375,000) in an election cycle. 25
	514	+	(ii) The limitations on contributions received from private sources, matching funds 26
	515	+	available from the state, and total permitted expenditures shall apply in the 1994 general election 27
	516	+	and, subject to appropriations by the general assembly, shall increase by a percentage to be 28
	517	+	determined by the board of elections in January of each year in which a general election involving 29
	518	+	general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in 30
	519	+	the consumer price index since the month in which the previous general election involving general 31
	520	+	was held. 32
	521	+	(3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary 33
	522	+	contributions from a single private source within an election cycle shall be eligible for matching 34
523	523
524	524
525	525		LC001869/SUB A/3 - Page 15 of 18
526		-	~~(ii) Only~~ the ~~first one thousand dollars ($1,000) of the aggregate private monetary~~ 1
527		-	~~contributions from a single private source within an election cycle shall be eligible for matching~~ 2
528		-	~~public funds for candidates for lieutenant governor~~, ~~secretary~~ of ~~state, attorney general,~~ ~~and general~~ 3
529		-	~~treasurer; provided,~~ ~~that the entire amount contributed~~ shall be ~~considered toward the dollar limits~~ 4
530		-	~~provided~~ for ~~in subdivision (2)~~ of ~~this section.~~ 5
531		-	~~(iii) Any private funds lawfully contributed during~~ the ~~current election cycle~~ shall be 6
532		-	~~eligible~~ for ~~matching public funds subject to the terms and conditions~~ of this section~~, and private~~ 7
533		-	funds ~~donated~~ during ~~a preceding~~ election cycle shall ~~not~~ be ~~eligible for matching public funds.~~ 8
534		-	~~(4)~~ The ~~direct costs incurred in connection with raising campaign funds on behalf~~ of a 9
535		-	~~candidate~~ shall not be ~~deemed to be expenditures~~ for ~~the purposes of the limitations on expenditures~~ 10
536		-	~~set forth in subdivision~~ (2) ~~of this section.~~ Direct costs ~~shall include costs~~ of ~~printing and mailing~~ 11
537		-	~~invitations~~ to ~~fundraising events, solicitations~~ for ~~contributions, costs~~ of ~~hosting fundraising events,~~ 12
538		-	~~and travel to those events,~~ ~~but~~ shall ~~not~~ include ~~any portion~~ of ~~the salary or wages of campaign~~ 13
539		-	~~employees~~, ~~nor the cost~~ of ~~any radio~~, ~~television, computer/Internet/electronic device, or printed~~ 14
540		-	~~advertisement.~~ The ~~cost~~ of ~~a fundraising event must be less than the amount of money realized from~~ 15
541		-	~~the gross proceeds generated by~~ the ~~fundraising event in order to qualify for this exclusion.~~ 16
542		-	~~(5) If~~ a ~~candidate who has accepted public funds makes expenditures in excess~~ of ~~the~~ 17
543		-	~~permitted amounts,~~ the ~~candidate shall be liable~~ for ~~a civil assessment payable to the state in an~~ 18
544		-	~~amount equal to three~~ (3) ~~times~~ the ~~amount of excess funds expended. In addition, the candidate~~ 19
545		-	shall be ~~ineligible~~ for ~~further participation~~ in ~~the public financing program during the same election~~ 20
546		-	~~cycle~~. 21
547		-	~~(6)~~ In ~~order to receive payments under this section,~~ ~~any candidate for general office shall~~ 22
548		-	~~first meet the following additional minimum requirements:~~ 23
549		-	(i) ~~Raise an amount~~ in ~~qualified private contributions equal~~ to ~~twenty percent (20%) of the~~ 24
550		-	~~total amount eligible to be matched for election as to~~ the ~~office sought;~~ 25
551		-	(ii) ~~Receive~~ private contributions ~~from a minimum~~ of ~~two hundred fifty (250) individuals~~ 26
552		-	~~contributing at least twenty-five~~ ~~dollars ($25.00) each~~ for ~~candidates for governor and receive~~ 27
553		-	private contributions from a minimum of ~~one~~ hundred (~~100~~) ~~individuals contributing at least~~ 28
554		-	twenty-five dollars ($25.00) each, for candidates for ~~lieutenant governor,~~ ~~secretary of state, attorney~~ 29
555		-	~~general and general treasurer;~~ ~~and~~ 30
556		-	(~~iii~~) ~~Comply with any and all applicable nomination provisions in this title and qualify~~ for 31
557		-	~~the~~ general ~~election ballot pursuant to the process set forth in this title~~; and 32
558		-	(iv) ~~Have no outstanding fines owed to the board of elections.~~ 33
559		-	~~(7) No public funds received by any candidate~~ pursuant to ~~§§ 17-25-19 — 17-25-27 of~~ this 34
	526	+	public funds for candidates for governor; provided, that the entire amount contributed shall be 1
	527	+	considered toward the dollar limits provided in subdivision (2) of this section. 2
	528	+	(ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary 3
	529	+	contributions from a single private source within an election cycle shall be eligible for matching 4
	530	+	public funds for candidates for lieutenant governor, secretary of state, attorney general, and general 5
	531	+	treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits 6
	532	+	provided for in subdivision (2) of this section. 7
	533	+	(iii) Any private funds lawfully contributed during the current election cycle shall be 8
	534	+	eligible for matching public funds subject to the terms and conditions of this section, and private 9
	535	+	funds donated during a preceding election cycle shall not be eligible for matching public funds. 10
	536	+	(4) The direct costs incurred in connection with raising campaign funds on behalf of a 11
	537	+	candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures 12
	538	+	set forth in subdivision (2) of this section. Direct costs shall include costs of printing and mailing 13
	539	+	invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, 14
	540	+	and travel to those events, but shall not include any portion of the salary or wages of campaign 15
	541	+	employees, nor the cost of any radio, television, computer/Internet/electronic device, or printed 16
	542	+	advertisement. The cost of a fundraising event must be less than the amount of money realized from 17
	543	+	the gross proceeds generated by the fundraising event in order to qualify for this exclusion. 18
	544	+	(5) If a candidate who has accepted public funds makes expenditures in excess of the 19
	545	+	permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an 20
	546	+	amount equal to three (3) times the amount of excess funds expended. In addition, the candidate 21
	547	+	shall be ineligible for further participation in the public financing program during the same election 22
	548	+	cycle. 23
	549	+	(6) In order to receive payments under this section, any candidate for general office shall 24
	550	+	first meet the following additional minimum requirements: 25
	551	+	(i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the 26
	552	+	total amount eligible to be matched for election as to the office sought; 27
	553	+	(ii) Receive private contributions from a minimum of two hundred fifty (250) individua ls 28
	554	+	contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive 29
	555	+	private contributions from a minimum of one hundred (100) individuals contributing at least 30
	556	+	twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney 31
	557	+	general and general treasurer; and 32
	558	+	(iii) Comply with any and all applicable nomination provisions in this title and qualify for 33
	559	+	the general election ballot pursuant to the process set forth in this title; and 34
560	560
561	561
562	562		LC001869/SUB A/3 - Page 16 of 18
563		-	~~chapter and~~ no ~~private funds used~~ to ~~qualify for~~ the ~~public funds shall be expended by the candidate~~ 1
564		-	~~for~~ any ~~purpose except~~ to ~~pay reasonable and necessary expenses directly related to the candidate’s~~ 2
565		-	~~campaign.~~ 3
566		-	~~(8) No public funds shall be expended by~~ the candidate~~, except for one or more of the~~ 4
567		-	~~following uses directly related to the~~ campaign ~~of the candidate:~~ 5
568		-	(i) ~~Purchase~~ of ~~time on radio or television stations; provided, however,~~ the ~~content of all~~ 6
569		-	~~television time shall include captioning for~~ the ~~deaf and hard~~ of ~~hearing and~~ the ~~content of all radio~~ 7
570		-	time ~~must be available in a written~~ or ~~text format at~~ the ~~time~~ of ~~request;~~ 8
571		-	~~(ii) Purchase~~ of ~~rental space on outdoor signs or billboards;~~ 9
572		-	~~(iii) Purchase~~ of ~~advertising space on the computer/Internet/electronic device and in~~ 10
573		-	~~newspapers and regularly published magazines and periodicals~~; 11
574		-	(iv) ~~Payment~~ of ~~the cost of producing~~ the ~~material aired or displayed on radio, television,~~ 12
575		-	~~outdoor signs or billboards,~~ and ~~computer/Internet/electronic device~~ and ~~in newspapers, regularly~~ 13
576		-	~~published magazines~~, ~~and periodicals;~~ 14
577		-	~~(v) Payment of the cost of printing~~ and ~~mailing campaign literature~~ and ~~brochures;~~ 15
578		-	~~(vi) Purchase of signs, bumper stickers, campaign buttons~~, and ~~other campaign~~ 16
579		-	~~paraphernalia~~; 17
580		-	(~~vii~~) ~~Payment~~ of ~~the cost of legal~~ and ~~accounting expenses incurred in complying with the~~ 18
581		-	~~public financing law and regulations as required by this chapter~~; 19
582		-	(~~viii~~) Payment of the cost of ~~telephone deposits, installation charges,~~ and ~~monthly billings~~ 20
583		-	~~in excess of deposits~~; 21
584		-	(ix) Payment of the ~~costs~~ of ~~public opinion polls~~ and ~~surveys; and~~ 22
585		-	~~(x) Payment~~ of ~~rent, utilities and associated expenses connected with the operation of an~~ 23
586		-	~~election headquarters or satellite election offices.~~ 24
587		-	(9) ~~Contributions received~~ and ~~expended by any candidate for~~ the ~~purpose~~ of ~~defraying any~~ 25
588		-	~~expense~~ or ~~satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in~~ 26
589		-	~~furtherance~~ of ~~his or her candidacy in a previous election cycle, as defined in subdivision 17-25-~~27
590		-	~~3(7), shall not be counted toward~~ any ~~contribution or expenditure limitation~~ in ~~§§ 17-25-18 — 17-~~28
591		-	25-~~27.~~ 29
592		-	(10) ~~No candidate who has elected to receive public funds~~ shall ~~contribute to~~ or ~~loan to his~~ 30
593		-	~~or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is~~ 31
594		-	~~permitted~~ to ~~expend in a campaign for the office pursuant~~ to ~~§§ 17-25-19 and 17-25-21.~~ 32
595		-	~~17-25-22. Time period for payment~~ of ~~public funds.~~ 33
596		-	~~(a) No public funds shall be dispersed~~ to ~~candidates until after~~ the ~~date of the primary~~ 34
	563	+	(iv) Have no outstanding fines owed to the board of elections. 1
	564	+	(7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this 2
	565	+	chapter and no private funds used to qualify for the public funds shall be expended by the candidate 3
	566	+	for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s 4
	567	+	campaign. 5
	568	+	(8) No public funds shall be expended by the candidate, except for one or more of the 6
	569	+	following uses directly related to the campaign of the candidate: 7
	570	+	(i) Purchase of time on radio or television stations; provided, however, the content of all 8
	571	+	television time shall include captioning for the deaf and hard of hearing and the content of all radio 9
	572	+	time must be available in a written or text format at the time of request; 10
	573	+	(ii) Purchase of rental space on outdoor signs or billboards; 11
	574	+	(iii) Purchase of advertising space on the computer/Internet/electronic device and in 12
	575	+	newspapers and regularly published magazines and periodicals; 13
	576	+	(iv) Payment of the cost of producing the material aired or displayed on radio, television, 14
	577	+	outdoor signs or billboards, and computer/Internet/electronic device and in newspapers, regularly 15
	578	+	published magazines, and periodicals; 16
	579	+	(v) Payment of the cost of printing and mailing campaign literature and brochures; 17
	580	+	(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign 18
	581	+	paraphernalia; 19
	582	+	(vii) Payment of the cost of legal and accounting expenses incurred in complying with the 20
	583	+	public financing law and regulations as required by this chapter; 21
	584	+	(viii) Payment of the cost of telephone deposits, installation charges, and monthly billings 22
	585	+	in excess of deposits; 23
	586	+	(ix) Payment of the costs of public opinion polls and surveys; and 24
	587	+	(x) Payment of rent, utilities and associated expenses connected with the operation of an 25
	588	+	election headquarters or satellite election offices. 26
	589	+	(9) Contributions received and expended by any candidate for the purpose of defraying any 27
	590	+	expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in 28
	591	+	furtherance of his or her candidacy in a previous election cycle, as defined in subdivision 17-25-29
	592	+	3(7), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 — 17-30
	593	+	25-27. 31
	594	+	(10) No candidate who has elected to receive public funds shall contribute to or loan to his 32
	595	+	or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is 33
	596	+	permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21. 34
597	597
598	598
599	599		LC001869/SUB A/3 - Page 17 of 18
600		-	election. In order to receive matching public funds, the candidate must be a candidate for general 1
601		-	office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate must 2
602		-	submit to the board of elections proof of receipt of qualifying private contributions and supporting 3
603		-	documentation as required by the board. The board of elections shall, within five (5) business days 4
604		-	of the receipt of the request for payment of matching funds, either pay over funds to the candidate 5
605		-	or disallow all or a portion of the request and state in writing the reasons for the disallowance. 6
606		-	(b) A candidate may submit supplemental applications for public funds until the time that 7
607		-	the permitted limits are reached. 8
608		-	(c) Beginning with the 2026 election cycle, public funds shall be dispersed to candidates 9
609		-	as reimbursement for primary expenditures. In order to receive matching public funds for 10
610		-	reimbursement, the candidate shall be victorious in the primary election and shall satisfy the 11
611		-	requirements of the board of elections as set forth in subsection (a) of this section 12
612		-	SECTION 2. This act shall take effect on January 1, 2024. 13
	600	+	17-25-22. Time period for payment of public funds. 1
	601	+	(a) No public funds shall be dispersed to candidates until after the date of the primary 2
	602	+	election. In order to receive matching public funds, the candidate must be a candidate for general 3
	603	+	office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate must 4
	604	+	submit to the board of elections proof of receipt of qualifying private contributions and supporting 5
	605	+	documentation as required by the board. The board of elections shall, within five (5) business days 6
	606	+	of the receipt of the request for payment of matching funds, either pay over funds to the candidate 7
	607	+	or disallow all or a portion of the request and state in writing the reasons for the disallowance. 8
	608	+	(b) A candidate may submit supplemental applications for public funds until the time that 9
	609	+	the permitted limits are reached. 10
	610	+	(c) Beginning with the 2026 election cycle, public funds shall be dispersed to candidates 11
	611	+	as reimbursement for primary expenditures. In order to receive matching public funds for 12
	612	+	reimbursement, the candidate shall be victorious in the primary election and shall satisfy the 13
	613	+	requirements of the board of elections as set forth in subsection (a) of this section 14
	614	+	SECTION 2. This act shall take effect on January 1, 2024. 15
613	615		========
614	616		LC001869/SUB A/3
615	617		========
616	618
617	619
618	620		LC001869/SUB A/3 - Page 18 of 18
619	621		EXPLANATION
620	622		BY THE LEGISLATIVE COUNCIL
621	623		OF
622	624		A N A C T
623	625		RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIG N CONTRIBUTIONS AND
624	626		EXPENDITURES REPORTING
625	627		***
626	628		This act would define accounts payable as credit extended by an outside vendor in the 1
627	629		ordinary course of business, and not as a campaign contribution. This act would also raise the 2
628	630		minimum aggregate reporting amount to two hundred dollars ($200) per year and exempt the 3
629	631		candidate from the minimum aggregate reporting requirement. This act would also raise the 4
630	632		contribution limit for individuals and political action committees to two thousand dollars ($2,000) 5
631	633		per year. This act would further include public financing for primary elections, beginning with the 6
632	634		2026 election cycle, with reimbursement of the primary winner for campaign expenditures. 7
633	635		Additionally, this act would prohibit public financing for any candidate with outstanding fines 8
634	636		owed to the board of elections. Finally, this act would define the terms “fair market value” and 9
635	637		“usual and normal charge for goods and services” for donated campaign expenditures. 10
636	638		This act would take effect on January 1, 2024. 11
637	639		========
638	640		LC001869/SUB A/3
639	641		========