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Rhode Island Senate Bill S0846

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0846 Compare Versions

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89 S TATE OF RHODE IS LAND
910 IN GENERAL ASSEMBLY
1011 JANUARY SESSION, A.D. 2023
1112 ____________
1213
1314 A N A C T
1415 RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIG N CONTRIBUTIONS AND
1516 EXPENDITURES REPORTING
1617 Introduced By: Senators Paolino, and E Morgan
1718 Date Introduced: March 29, 2023
1819 Referred To: Senate Judiciary
1920
2021
2122 It is enacted by the General Assembly as follows:
2223 SECTION 1. Sections 17-25-3, 17-25-7, 17-25-10.1, 17-25-11, 17-25-19, 17-25-20, 17-1
2324 25-21 and 17-25-22 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign 2
2425 Contributions and Expenditures Reporting" are hereby amended to read as follows: 3
2526 17-25-3. Definitions. 4
2627 As used in this chapter, unless a different meaning clearly appears from the context: 5
2728 (1) “Accounts payable” means credit extended to a candidate or political committee, for 6
2829 campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s 7
2930 business, and the terms are substantially similar, in risk and amount, to extensions of credit to 8
3031 nonpolitical customers. 9
3132 (1)(2) “Business entity” means any corporation, whether for profit or not for profit, 10
3233 domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, 11
3334 cooperative, association, receivership, trust, holding company, firm, joint stock company, public 12
3435 utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the 13
3536 laws of the United States and/or the state of Rhode Island for the purpose of doing business. The 14
3637 term “business entity” shall not include a political action committee organized pursuant to this 15
3738 chapter or a political party committee or an authorized campaign committee of a candidate or office 16
3839 holder. The term “business entity” shall not include any exempt nonprofit as defined herein or any 17
3940 organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent 18
4041
42+
4143 LC001870/SUB A - Page 2 of 18
4244 corresponding internal revenue code of the United States, as amended from time to time, for the 1
4345 purposes of chapter 25.3 of title 17. 2
4446 (2)(3) “Candidate” means any individual who undertakes any action, whether preliminary 3
4547 or final, which is necessary under the law to qualify for nomination for election or election to public 4
4648 office, and/or any individual who receives a contribution or makes an expenditure, or gives his or 5
4749 her consent for any other person to receive a contribution or make an expenditure, with a view to 6
4850 bringing about his or her nomination or election to any public office, whether or not the specific 7
4951 public office for which he or she will seek nomination or election is known at the time the 8
5052 contribution is received or the expenditure is made and whether or not he or she has announced his 9
5153 or her candidacy or filed a declaration of candidacy at that time. 10
5254 (3)(4) “Conduit” or “intermediary” means any person who receives and forwards an 11
5355 earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise 12
5456 limited in this chapter. 13
5557 (4)(5) “Contributions” and “expenditures” include all transfers of money, credit or debit 14
5658 card transactions, on-line or electronic payment systems such as “pay pal,” paid personal services, 15
5759 or other thing of value to or by any candidate, committee of a political party, or political action 16
5860 committee or ballot question advocate. A loan shall be considered a contribution of money until it 17
5961 is repaid. 18
60- (18)(6) “Covered transfer” means any transfer or payment of funds by any person, business 19
61-entity, or political action committee to another person, business entity, or political action committee 20
62-if the person, business entity, or political action committee making the transfer: (i) Designates, 21
63-requests, or suggests that the amounts be used for independent expenditures or electioneering 22
64-communications or making a transfer to another person for the purpose of making or paying for 23
65-such independent expenditures or electioneering communications; (ii) Made such transfer or 24
66-payment in response to a solicitation or other request for a transfer or payment for the making of 25
67-or paying for independent expenditures or electioneering communications or making a transfer to 26
68-another person for the purpose of making or paying for such independent expenditures or 27
69-electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or 28
70-payment regarding independent expenditures or electioneering communications or making a 29
71-transfer to another person for the purpose of making or paying for such independent expenditures 30
72-or electioneering communications; or (iv) Made independent expenditures or electioneering 31
73-communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-32
74-year (2) period ending on the date of the transfer or payment, or knew or had reason to know that 33
75-the person receiving the transfer or payment made such independent expenditures or electioneering 34
62+(i) Exception: The term “contributions” and “expenditures” does not include credit 19
63+extended for accounts payable, as that term is defined in subsection (24) of this section, by an 20
64+outside campaign vendor. 21
65+(18)(6) “Covered transfer” means any transfer or payment of funds by any person, business 22
66+entity, or political action committee to another person, business entity, or political action committee 23
67+if the person, business entity, or political action committee making the transfer: (i) Designates, 24
68+requests, or suggests that the amounts be used for independent expenditures or electioneering 25
69+communications or making a transfer to another person for the purpose of making or paying for 26
70+such independent expenditures or electioneering communications; (ii) Made such transfer or 27
71+payment in response to a solicitation or other request for a transfer or payment for the making of 28
72+or paying for independent expenditures or electioneering communications or making a transfer to 29
73+another person for the purpose of making or paying for such independent expenditures or 30
74+electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or 31
75+payment regarding independent expenditures or electioneering communications or making a 32
76+transfer to another person for the purpose of making or paying for such independent expenditures 33
77+or electioneering communications; or (iv) Made independent expenditures or electioneering 34
78+
7679
7780 LC001870/SUB A - Page 3 of 18
78-communications in such an aggregate amount during that two-year (2) period. 1
79-(A) Exceptions: The term “covered transfer” does not include: 2
80-(I) A transfer or payment made by a person, business entity, or political action committee 3
81-in the ordinary course of any trade or business conducted by the person, business entity, or political 4
82-action committee or in the form of investments made by the person, business entity, or political 5
83-action committee; or 6
84-(II) A transfer or payment made by a person, business entity, or political action committee 7
85-if the person, business entity, or political action committee making the transfer prohibited, in 8
86-writing, the use of such transfer or payment for independent expenditures, electioneering 9
87-communications, or covered transfers and the recipient of the transfer or payment agreed to follow 10
88-the prohibition and deposited the transfer or payment in an account that is segregated from any 11
89-account used to make independent expenditures, electioneering communications, or covered 12
90-transfers. 13
91-(5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or 14
92-indirect, express or implied, oral or written, that results in all or any part of a contribution or 15
93-expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s 16
94-authorized committee. 17
95-(6)(8) “Election” means any primary, general, or special election or town meeting for any 18
96-public office of the state, municipality, or district, or for the determination of any question 19
97-submitted to the voters of the state, municipality, or district. 20
98-(7)(9) “Election cycle” means the twenty-four month (24) period commencing on January 21
99-1 of odd number years and ending on December 31 of even number years; provided, with respect 22
100-to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 23
101-17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of 24
102-odd numbered years and ending December 31 of even numbered years. 25
103-(16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or 26
104-electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, 27
105-authorized candidate campaign committee, or political party committee and that unambiguously 28
106-identifies a candidate or referendum and is made either within sixty (60) days before a general or 29
107-special election or town meeting for the office sought by the candidate or referendum; or thirty (30) 30
108-days before a primary election, for the office sought by the candidate; and is targeted to the relevant 31
109-electorate. 32
110-(i) A communication that refers to a clearly identified candidate or referendum is “targeted 33
111-to the relevant electorate” if the communication can be received by two thousand (2,000) or more 34
81+communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-1
82+year (2) period ending on the date of the transfer or payment, or knew or had reason to know that 2
83+the person receiving the transfer or payment made such independent expenditures or electioneering 3
84+communications in such an aggregate amount during that two-year (2) period. 4
85+(A) Exceptions: The term “covered transfer” does not include: 5
86+(I) A transfer or payment made by a person, business entity, or political action committee 6
87+in the ordinary course of any trade or business conducted by the person, business entity, or political 7
88+action committee or in the form of investments made by the person, business entity, or political 8
89+action committee; or 9
90+(II) A transfer or payment made by a person, business entity, or political action committee 10
91+if the person, business entity, or political action committee making the transfer prohibited, in 11
92+writing, the use of such transfer or payment for independent expenditures, electioneering 12
93+communications, or covered transfers and the recipient of the transfer or payment agreed to follow 13
94+the prohibition and deposited the transfer or payment in an account that is segregated from any 14
95+account used to make independent expenditures, electioneering communications, or covered 15
96+transfers. 16
97+(5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or 17
98+indirect, express or implied, oral or written, that results in all or any part of a contribution or 18
99+expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s 19
100+authorized committee. 20
101+(6)(8) “Election” means any primary, general, or special election or town meeting for any 21
102+public office of the state, municipality, or district, or for the determination of any question 22
103+submitted to the voters of the state, municipality, or district. 23
104+(7)(9) “Election cycle” means the twenty-four month (24) period commencing on January 24
105+1 of odd number years and ending on December 31 of even number years; provided, with respect 25
106+to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 26
107+17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of 27
108+odd numbered years and ending December 31 of even numbered years. 28
109+(16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or 29
110+electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, 30
111+authorized candidate campaign committee, or political party committee and that unambiguously 31
112+identifies a candidate or referendum and is made either within sixty (60) days before a general or 32
113+special election or town meeting for the office sought by the candidate or referendum; or thirty (30) 33
114+days before a primary election, for the office sought by the candidate; and is targeted to the relevant 34
115+
112116
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114-persons in the district the candidate seeks to represent or the constituency voting on the referendum. 1
115-(ii) Exceptions: The term “electioneering communication” does not include: 2
116-(A) A communication appearing in a news story, commentary, or editorial distributed 3
117-through the facilities of any broadcasting station, unless such facilities are owned or controlled by 4
118-any political party, political committee, or candidate; 5
119-(B) A communication that constitutes a candidate debate or forum conducted pursuant to 6
120-regulations adopted by the board of elections or that solely promotes such a debate or forum and is 7
121-made by or on behalf of the person sponsoring the debate or forum; 8
122-(C) A communication made by any business entity to its members, owners, stockholders, 9
123-or employees; 10
124-(D) A communication over the internet, except for (I) Communications placed for a fee on 11
125-the website of another person, business entity, or political action committee; and (II) Websites 12
126-formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 13
127-or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 14
128-(E) Any other communication exempted under such regulations as the board of elections 15
129-may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 16
130-implementation of this paragraph. 17
131-(21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the 18
132-Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) 19
133-of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on 20
134-independent expenditures, electioneering communications, and covered transfers as defined herein 21
135-and certifies the same to the board of elections seven (7) days before and after a primary election 22
136-and seven (7) days before and after a general or special election. 23
137-(12) “Fair market value” means the usual and normal charge for goods and services as 24
138-determined by the marketplace from which they ordinarily would have been purchased at a usual 25
139-and normal charge in an arms length transaction. 26
140-(i) For purposes of this subsection, “usual and normal charge for goods” means the price 27
141-of those goods in the market from which they ordinarily would have been purchased at the time of 28
142-the contribution. “Usual and normal charge for services”, other than those provided by an unpaid 29
143-volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate 30
144-prevailing at the time the services are rendered. 31
145-(19)(13) For the purposes of chapter 25.3 of title 17, “donation” means all transfers of 32
146-money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” 33
147-paid personal services, or other thing of value to or by any person, business entity, or political 34
118+electorate. 1
119+(i) A communication that refers to a clearly identified candidate or referendum is “targeted 2
120+to the relevant electorate” if the communication can be received by two thousand (2,000) or more 3
121+persons in the district the candidate seeks to represent or the constituency voting on the referendum. 4
122+(ii) Exceptions: The term “electioneering communication” does not include: 5
123+(A) A communication appearing in a news story, commentary, or editorial distributed 6
124+through the facilities of any broadcasting station, unless such facilities are owned or controlled by 7
125+any political party, political committee, or candidate; 8
126+(B) A communication that constitutes a candidate debate or forum conducted pursuant to 9
127+regulations adopted by the board of elections or that solely promotes such a debate or forum and is 10
128+made by or on behalf of the person sponsoring the debate or forum; 11
129+(C) A communication made by any business entity to its members, owners, stockholders, 12
130+or employees; 13
131+(D) A communication over the internet, except for (I) Communications placed for a fee on 14
132+the website of another person, business entity, or political action committee; and (II) Websites 15
133+formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 16
134+or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 17
135+(E) Any other communication exempted under such regulations as the board of elections 18
136+may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 19
137+implementation of this paragraph. 20
138+(21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the 21
139+Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) 22
140+of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on 23
141+independent expenditures, electioneering communications, and covered transfers as defined herein 24
142+and certifies the same to the board of elections seven (7) days before and after a primary election 25
143+and seven (7) days before and after a general or special election. 26
144+(12) “Fair market value” means the usual and normal charge for goods and services as 27
145+determined by the marketplace from which they ordinarily would have been purchased at a usual 28
146+and normal charge in an arms length transaction. 29
147+(i) For purposes of this subsection, “usual and normal charge for goods” means the price 30
148+of those goods in the market from which they ordinarily would have been purchased at the time of 31
149+the contribution. “Usual and normal charge for services”, other than those provided by an unpaid 32
150+volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate 33
151+prevailing at the time the services are rendered. 34
152+
148153
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150-action committee. A loan shall be considered a donation of money until it is repaid. 1
151-(20)(14) For the purposes of chapter 25.3 of title 17, “donor” means a person, business 2
152-entity, or political action committee that makes a donation. 3
153-(22)(15) For purposes of chapter 25.3 of title 17, “referendum” means the same as the 4
154-definition set forth in § 17-5-1. 5
155-(17)(16) “Independent expenditure” means an expenditure that, when taken as a whole, 6
156-expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat 7
157-of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no 8
158-way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate 9
159-committee, or political party committee. An expenditure amounts to the functional equivalent of 10
160-express advocacy if it can only be interpreted by a reasonable person as advocating the election, 11
161-passage, or defeat of a candidate or referendum, taking into account whether the communication 12
162-mentions a candidate or referendum and takes a position on a candidate’s character, qualifications, 13
163-or fitness for office. An independent expenditure is not a contribution to that candidate or 14
164-committee. 15
165-(i) Exceptions: The term “independent expenditure” does not include: 16
166-(A) A communication appearing in a news story, commentary, or editorial distributed 17
167-through the facilities of any broadcasting station, unless such facilities are owned or controlled by 18
168-any political party, political committee, or candidate; 19
169-(B) A communication that constitutes a candidate debate or forum conducted pursuant to 20
170-regulations adopted by the board of elections or that solely promotes such a debate or forum and is 21
171-made by or on behalf of the person sponsoring the debate or forum; 22
172-(C) A communication made by any business entity to its members, owners, stockholders, 23
173-or employees; 24
174-(D) A communication over the internet, except for (I) Communications placed for a fee on 25
175-the website of another person, business entity, or political action committee; and (II) Websites 26
176-formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 27
177-or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 28
178-(E) Any other communication exempted under such regulations as the board of elections 29
179-may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 30
180-implementation of this paragraph. 31
181-(8)(17) “In-kind contributions” means the monetary value of other things of value or paid 32
182-personal services donated to, or benefiting, any person required to file reports with the board of 33
183-elections. 34
155+(19)(13) For the purposes of chapter 25.3 of title 17, “donation” means all transfers of 1
156+money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” 2
157+paid personal services, or other thing of value to or by any person, business entity, or political 3
158+action committee. A loan shall be considered a donation of money until it is repaid. 4
159+(20)(14) For the purposes of chapter 25.3 of title 17, “donor” means a person, business 5
160+entity, or political action committee that makes a donation. 6
161+(22)(15) For purposes of chapter 25.3 of title 17, “referendum” means the same as the 7
162+definition set forth in § 17-5-1. 8
163+(17)(16) “Independent expenditure” means an expenditure that, when taken as a whole, 9
164+expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat 10
165+of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no 11
166+way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate 12
167+committee, or political party committee. An expenditure amounts to the functional equivalent of 13
168+express advocacy if it can only be interpreted by a reasonable person as advocating the election, 14
169+passage, or defeat of a candidate or referendum, taking into account whether the communication 15
170+mentions a candidate or referendum and takes a position on a candidate’s character, qualifications, 16
171+or fitness for office. An independent expenditure is not a contribution to that candidate or 17
172+committee. 18
173+(i) Exceptions: The term “independent expenditure” does not include: 19
174+(A) A communication appearing in a news story, commentary, or editorial distributed 20
175+through the facilities of any broadcasting station, unless such facilities are owned or controlled by 21
176+any political party, political committee, or candidate; 22
177+(B) A communication that constitutes a candidate debate or forum conducted pursuant to 23
178+regulations adopted by the board of elections or that solely promotes such a debate or forum and is 24
179+made by or on behalf of the person sponsoring the debate or forum; 25
180+(C) A communication made by any business entity to its members, owners, stockholders, 26
181+or employees; 27
182+(D) A communication over the internet, except for (I) Communications placed for a fee on 28
183+the website of another person, business entity, or political action committee; and (II) Websites 29
184+formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 30
185+or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 31
186+(E) Any other communication exempted under such regulations as the board of elections 32
187+may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 33
188+implementation of this paragraph. 34
189+
184190
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186-(9)(18) “Other thing of value” means any item of tangible real or personal property of a 1
187-fair-market value in excess of one hundred dollars ($100). 2
188-(10)(19) “Paid personal services” means personal services of every kind and nature, the 3
189-cost or consideration for which is paid or provided by someone other than the committee or 4
190-candidate for whom the services are rendered, but shall not include personal services provided 5
191-without compensation by persons volunteering their time. 6
192-(11)(20) “Person” means an individual, partnership, committee, association, corporation, 7
193-union, charity, and/or any other organization. The term “person” shall not include any exempt 8
194-nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue 9
195-Code of 1986, or any subsequent corresponding internal revenue code of the United States, as 10
196-amended from time to time, for the purposes of chapter 25.3 of title 17 only. 11
197-(12)(21) “Political action committee” means any group of two (2) or more persons that 12
198-accepts any contributions to be used for advocating the election or defeat of any candidate or 13
199-candidates. Only political action committees that have accepted contributions from fifteen (15) or 14
200-more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted 15
201-to make contributions, and those committees must make contributions to at least five (5) candidates 16
202-for state or local office within an election cycle. 17
203-(13)(22) “Public office” means any state, municipal, school, or district office or other 18
204-position that is filled by popular election, except political party offices. “Political party offices” 19
205-means any state, city, town, ward, or representative or senatorial district committee office of a 20
206-political party or delegate to a political party convention, or any similar office. 21
207-(14)(23) “State” means state of Rhode Island. 22
208-(15)(24) “Testimonial affair” means an affair of any kind or nature including, but not 23
209-limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs 24
210-expressly and directly intended to raise campaign funds in behalf of a candidate to be used for 25
211-nomination or election to a public office in this state, or expressly and directly intended to raise 26
212-funds in behalf of any state or municipal committee of a political party, or expressly and directly 27
213-intended to raise funds in behalf of any political action committee. 28
214-17-25-7. Contents of reports to be filed by treasurers of candidates and committees. 29
215-(a) Each campaign treasurer of a candidate, each state and municipal committee of a 30
216-political party, and each political action committee shall keep accurate records and make a full 31
217-report, upon a form prescribed by the board of elections, of all contributions received, and 32
218-expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars 33
219-($200), from any one source within a calendar year, in furtherance of the nomination, election, or 34
192+(8)(17) “In-kind contributions” means the monetary value of other things of value or paid 1
193+personal services donated to, or benefiting, any person required to file reports with the board of 2
194+elections. 3
195+(9)(18) “Other thing of value” means any item of tangible real or personal property of a 4
196+fair-market value in excess of one hundred dollars ($100). 5
197+(10)(19) “Paid personal services” means personal services of every kind and nature, the 6
198+cost or consideration for which is paid or provided by someone other than the committee or 7
199+candidate for whom the services are rendered, but shall not include personal services provided 8
200+without compensation by persons volunteering their time. 9
201+(11)(20) “Person” means an individual, partnership, committee, association, corporation, 10
202+union, charity, and/or any other organization. The term “person” shall not include any exempt 11
203+nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue 12
204+Code of 1986, or any subsequent corresponding internal revenue code of the United States, as 13
205+amended from time to time, for the purposes of chapter 25.3 of title 17 only. 14
206+(12)(21) “Political action committee” means any group of two (2) or more persons that 15
207+accepts any contributions to be used for advocating the election or defeat of any candidate or 16
208+candidates. Only political action committees that have accepted contributions from fifteen (15) or 17
209+more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted 18
210+to make contributions, and those committees must make contributions to at least five (5) candidates 19
211+for state or local office within an election cycle. 20
212+(13)(22) “Public office” means any state, municipal, school, or district office or other 21
213+position that is filled by popular election, except political party offices. “Political party offices” 22
214+means any state, city, town, ward, or representative or senatorial district committee office of a 23
215+political party or delegate to a political party convention, or any similar office. 24
216+(14)(23) “State” means state of Rhode Island. 25
217+(15)(24) “Testimonial affair” means an affair of any kind or nature including, but not 26
218+limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs 27
219+expressly and directly intended to raise campaign funds in behalf of a candidate to be used for 28
220+nomination or election to a public office in this state, or expressly and directly intended to raise 29
221+funds in behalf of any state or municipal committee of a political party, or expressly and directly 30
222+intended to raise funds in behalf of any political action committee. 31
223+17-25-7. Contents of reports to be filed by treasurers of candidates and committees. 32
224+(a) Each campaign treasurer of a candidate, each state and municipal committee of a 33
225+political party, and each political action committee shall keep accurate records and make a full 34
226+
220227
221228 LC001870/SUB A - Page 7 of 18
222-defeat of any candidate or the approval or rejection of any question submitted to the voters, or at 1
223-any financial town meeting, financial town referendum, or other election at which amendments to 2
224-a city or town charter are proposed, during the period from the date of the last report, or in the case 3
225-of the initial report, beginning on the date of the appointment of the campaign treasurer for state 4
226-and municipal committees and political action committees and on the date a person becomes a 5
227-“candidate” as defined in § 17-25-3(2) for individual candidates. The report shall contain the name, 6
228-address, and place of employment of each person or source from whom the contributions and 7
229-expenditures in excess of one hundred dollars ($100) two hundred dollars ($200), were received or 8
230-made and the amount contributed or expended by each person or source. The report shall be filed 9
231-with the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the 10
232-candidate or committee reporting shall certify to the correctness of each report. Notwithstanding 11
233-any other provisions contained in this title, this subsection shall apply to any person or entity 12
234-advocating the approval or rejection of any question presented to voters at any financial town 13
235-meeting, financial town referendum, or other election at which amendments to a city or town charter 14
236-are proposed, which shall file reports of contributions or expenditures in accordance with the filing 15
237-schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred 16
238-dollars ($100) two hundred dollars ($200), in a calendar year. As used in this subsection, the word 17
239-“entity” means any political action committee, political party committee, authorized campaign 18
240-committee of a candidate or officer holder, corporation, whether for profit, not-for-profit, or exempt 19
241-nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, domestic corporation or 20
242-foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, association, 21
243-receivership, partnership, committee, union, charity, trust, holding company, firm, joint stock 22
244-company, public utility, sole proprietorship, limited partnership, or any other entity recognized by 23
245-the laws of the United States and/or the state of Rhode Island. 24
246-(b) Each state and municipal committee of a political party shall also file with the board of 25
247-elections, not later than March 1 of each year, an annual report setting forth in the aggregate all 26
248-contributions received and all expenditures made during the previous calendar year, whether or not 27
249-these expenditures were made, incurred, or authorized in furtherance of the election or defeat of 28
250-any candidate. The treasurer of the committee or organization reporting shall certify to the 29
251-correctness of each report. 30
252-(c) Any report filed pursuant to the provisions of this section shall include contributions 31
253-received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most 32
254-recent report filed. 33
255-17-25-10.1. Political contributions — Limitations. 34
229+report, upon a form prescribed by the board of elections, of all contributions received, and 1
230+expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars 2
231+($200), except self-funding by the candidate, from any one source within a calendar year, in 3
232+furtherance of the nomination, election, or defeat of any candidate or the approval or rejection of 4
233+any question submitted to the voters, or at any financial town meeting, financial town referendum, 5
234+or other election at which amendments to a city or town charter are proposed, during the period 6
235+from the date of the last report, or in the case of the initial report, beginning on the date of the 7
236+appointment of the campaign treasurer for state and municipal committees and political action 8
237+committees and on the date a person becomes a “candidate” as defined in § 17-25-3(2) for 9
238+individual candidates. The report shall contain the name, address, and place of employment of each 10
239+person or source from whom the contributions and expenditures in excess of one hundred dollars 11
240+($100) two hundred dollars ($200), except self-funding by the candidate, were received or made 12
241+and the amount contributed or expended by each person or source. The report shall be filed with 13
242+the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the 14
243+candidate or committee reporting shall certify to the correctness of each report. Notwithstanding 15
244+any other provisions contained in this title, this subsection shall apply to any person or entity 16
245+advocating the approval or rejection of any question presented to voters at any financial town 17
246+meeting, financial town referendum, or other election at which amendments to a city or town charter 18
247+are proposed, which shall file reports of contributions or expenditures in accordance with the filing 19
248+schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred 20
249+dollars ($100) two hundred dollars ($200), except self-funding by the candidate, in a calendar year. 21
250+As used in this subsection, the word “entity” means any political action committee, political party 22
251+committee, authorized campaign committee of a candidate or officer holder, corporation, whether 23
252+for profit, not-for-profit, or exempt nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal 24
253+Revenue Code, domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial 25
254+institution, cooperative, association, receivership, partnership, committee, union, charity, trust, 26
255+holding company, firm, joint stock company, public utility, sole proprietorship, limited partnership, 27
256+or any other entity recognized by the laws of the United States and/or the state of Rhode Island. 28
257+(b) Each state and municipal committee of a political party shall also file with the board of 29
258+elections, not later than March 1 of each year, an annual report setting forth in the aggregate all 30
259+contributions received and all expenditures made during the previous calendar year, whether or not 31
260+these expenditures were made, incurred, or authorized in furtherance of the election or defeat of 32
261+any candidate. The treasurer of the committee or organization reporting shall certify to the 33
262+correctness of each report. 34
263+
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257265 LC001870/SUB A - Page 8 of 18
258-(a)(1) No person, other than the candidate to his or her own campaign, nor any political 1
259-action committee shall make a contribution or contributions to any candidate, as defined by § 17-2
260-25-3, or political action committee or political party committee that, in the aggregate, exceed one 3
261-thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any 4
262-political action committee make such contributions that in the aggregate, exceed twenty-five 5
263-thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action 6
264-committee or any political party committee accept a contribution or contributions that, in the 7
265-aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar 8
266-year from any one person or political action committee. 9
267-(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person or 10
268-political action committee or political party committee may contribute an amount that in the 11
269-aggregate, does not exceed ten thousand dollars ($10,000) within a calendar year to a political party 12
270-committee, which funds can be utilized for organizational and party building activities, but shall 13
271-not be used for contributions to candidates state and local for public office. 14
272-(b) Contributions to a named candidate made to any political committee authorized by that 15
273-candidate to accept contributions on the candidate’s behalf shall be considered to be contributions 16
274-made to the candidate. Contributions to a candidate by a political committee for another person 17
275-shall be considered to be contributions by that person. 18
276-(c) Expenditures made by any person in cooperation, consultation, or concert with, or at 19
277-the request or suggestion of, a candidate, the candidate’s authorized political committees, or their 20
278-agents shall be considered to be a contribution to the candidate. 21
279-(d) The financing by any person of the dissemination, distribution, or republication, in 22
280-whole or in part, of any broadcast or any written, graphic, or other form of campaign materials 23
281-prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall 24
282-be considered to be a contribution to a candidate. 25
283-(e) Nothing in this section shall be construed to restrict political party committees 26
284-organized pursuant to this title from making contributions to the candidates of that political party; 27
285-provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed, 28
286-in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar 29
287-year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind” 30
288-contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a 31
289-calendar year from all committees of his or her political party. There shall be no restriction on the 32
290-amount of “in-kind” contributions that a political party committee may make to a candidate of its 33
291-political party; provided, that for the purposes of this subsection only, the cost of any preparation 34
266+(c) Any report filed pursuant to the provisions of this section shall include contributions 1
267+received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most 2
268+recent report filed. 3
269+17-25-10.1. Political contributions — Limitations. 4
270+(a)(1) No person, other than the candidate to his or her own campaign, nor any political 5
271+action committee shall make a contribution or contributions to any candidate, as defined by § 17-6
272+25-3, or political action committee or political party committee that, in the aggregate, exceed one 7
273+thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any 8
274+political action committee make such contributions that in the aggregate, exceed twenty-five 9
275+thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action 10
276+committee or any political party committee accept a contribution or contributions that, in the 11
277+aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar 12
278+year from any one person or political action committee. 13
279+(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person or 14
280+political action committee or political party committee may contribute an amount that in the 15
281+aggregate, does not exceed ten thousand dollars ($10,000) within a calendar year to a political party 16
282+committee, which funds can be utilized for organizational and party building activities, but shall 17
283+not be used for contributions to candidates state and local for public office. 18
284+(b) Contributions to a named candidate made to any political committee authorized by that 19
285+candidate to accept contributions on the candidate’s behalf shall be considered to be contributions 20
286+made to the candidate. Contributions to a candidate by a political committee for another person 21
287+shall be considered to be contributions by that person. 22
288+(c) Expenditures made by any person in cooperation, consultation, or concert with, or at 23
289+the request or suggestion of, a candidate, the candidate’s authorized political committees, or their 24
290+agents shall be considered to be a contribution to the candidate. 25
291+(d) The financing by any person of the dissemination, distribution, or republication, in 26
292+whole or in part, of any broadcast or any written, graphic, or other form of campaign materials 27
293+prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall 28
294+be considered to be a contribution to a candidate. 29
295+(e) Nothing in this section shall be construed to restrict political party committees 30
296+organized pursuant to this title from making contributions to the candidates of that political party; 31
297+provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed, 32
298+in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar 33
299+year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind” 34
300+
292301
293302 LC001870/SUB A - Page 9 of 18
294-and airing of television and/or radio advertisements and the cost of any print advertisements shall 1
295-not be considered an allowable “in-kind” contribution and shall be subject to the aggregate 2
296-limitation of twenty-five thousand dollars ($25,000). 3
297-(f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall 4
298-be deemed a contribution from the individual for the purpose of determining whether aggregate 5
299-contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for 6
300-reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for 7
301-contributions to a single candidate or political action committee within a calendar year. 8
302-(2) No dependent child shall contribute an amount that, when added to contributions 9
303-already made by that child’s parent or legal guardian and by other dependent children of that parent 10
304-or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum 11
305-for contributions to a single candidate or political action committee within a calendar year. 12
306-(g) Nothing in this section shall be construed to restrict the amount of money that a 13
307-candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own 14
308-campaign. 15
309-(h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic 16
310-corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any 17
311-campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political 18
312-action committee, or political party committee, or for any candidate, political action committee, or 19
313-political party committee to accept any campaign contribution or expenditure from a corporation 20
314-or other business entity. Any contribution made in the personal name of any employee of a 21
315-corporation or other business entity, for which the employee received or will receive reimbursement 22
316-from the corporation or other business entity, shall be considered as a contribution by the 23
317-corporation or other business entity, in violation of this section. 24
318-(2) Any voluntary payroll deduction and/or contribution made by employees of a 25
319-corporation or other business entity shall not be deemed a contribution of a corporation or other 26
320-business entity, notwithstanding that the contributions were sent to the recipient by the corporation 27
321-or other business entity. 28
322-(i) All contributions of funds shall be by check, money order, or credit card and may be 29
323-made over the internet, but in each case the source of the funds must be identified; provided, that 30
324-candidates, political action committees, and political party committees may accept contributions in 31
325-cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a 32
326-calendar year. The cash contribution must be delivered directly by the donor to the candidate, the 33
327-campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record 34
303+contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a 1
304+calendar year from all committees of his or her political party. There shall be no restriction on the 2
305+amount of “in-kind” contributions that a political party committee may make to a candidate of its 3
306+political party; provided, that for the purposes of this subsection only, the cost of any preparation 4
307+and airing of television and/or radio advertisements and the cost of any print advertisements shall 5
308+not be considered an allowable “in-kind” contribution and shall be subject to the aggregate 6
309+limitation of twenty-five thousand dollars ($25,000). 7
310+(f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall 8
311+be deemed a contribution from the individual for the purpose of determining whether aggregate 9
312+contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for 10
313+reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for 11
314+contributions to a single candidate or political action committee within a calendar year. 12
315+(2) No dependent child shall contribute an amount that, when added to contributions 13
316+already made by that child’s parent or legal guardian and by other dependent children of that parent 14
317+or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum 15
318+for contributions to a single candidate or political action committee within a calendar year. 16
319+(g) Nothing in this section shall be construed to restrict the amount of money that a 17
320+candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own 18
321+campaign. 19
322+(h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic 20
323+corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any 21
324+campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political 22
325+action committee, or political party committee, or for any candidate, political action committee, or 23
326+political party committee to accept any campaign contribution or expenditure from a corporation 24
327+or other business entity. Any contribution made in the personal name of any employee of a 25
328+corporation or other business entity, for which the employee received or will receive reimbursement 26
329+from the corporation or other business entity, shall be considered as a contribution by the 27
330+corporation or other business entity, in violation of this section. 28
331+(2) Any voluntary payroll deduction and/or contribution made by employees of a 29
332+corporation or other business entity shall not be deemed a contribution of a corporation or other 30
333+business entity, notwithstanding that the contributions were sent to the recipient by the corporation 31
334+or other business entity. 32
335+(i) All contributions of funds shall be by check, money order, or credit card and may be 33
336+made over the internet, but in each case the source of the funds must be identified; provided, that 34
337+
328338
329339 LC001870/SUB A - Page 10 of 18
330-of the name and address of all persons making these cash contributions. 1
331-(j) Except as provided in subsection (h) of this section, no entity other than an individual, 2
332-a political action committee which is duly registered and qualified pursuant to the terms of this 3
333-chapter, political party committee authorized by this title, or an authorized committee of an elected 4
334-official or candidate established pursuant to this chapter shall make any contribution to or any 5
335-expenditure on behalf of or in opposition to any candidate, political action committee, or political 6
336-party. 7
337-(k) For purposes of the limitations imposed by this section, all contributions made by a 8
338-person, either directly or indirectly, on behalf of a particular candidate, including contributions that 9
339-are in any way earmarked or otherwise directed through an intermediary or conduit to such 10
340-candidate, shall be treated as contributions from such person to such candidate. The intermediary 11
341-or conduit shall report the original source and the intended recipient of such contribution to the 12
342-board of elections and to the intended recipient, in accordance with regulations and reporting 13
343-requirements promulgated by the board of elections. 14
344-17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 15
345-(a) During the period between the appointment of the campaign treasurer for state and 16
346-municipal committees and political action committees, or in the case of an individual the date on 17
347-which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(2), 18
348-except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 19
349-in which case the ninety-day (90) report shall be included as part of the report required to be filed 20
350-on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election 21
351-pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions 22
352-are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the 23
353-campaign treasurer of a candidate, a political party committee, or a political action committee shall 24
354-file a report containing an account of contributions received, and expenditures made, on behalf of, 25
355-or in opposition to, a candidate: 26
356-(1) At ninety-day (90) intervals commencing on the date on which the individual first 27
357-becomes a candidate, as defined in § 17-25-3(2); 28
358-(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next 29
359-preceding the day of the primary, general, or special election; provided, that in the case of a primary 30
360-election for a special election where the twenty-eighth (28th) day next preceding the day of the 31
361-primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-32
362-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the 33
363-day of the primary election for the special election; and 34
340+candidates, political action committees, and political party committees may accept contributions in 1
341+cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a 2
342+calendar year. The cash contribution must be delivered directly by the donor to the candidate, the 3
343+campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record 4
344+of the name and address of all persons making these cash contributions. 5
345+(j) Except as provided in subsection (h) of this section, no entity other than an individua l, 6
346+a political action committee which is duly registered and qualified pursuant to the terms of this 7
347+chapter, political party committee authorized by this title, or an authorized committee of an elected 8
348+official or candidate established pursuant to this chapter shall make any contribution to or any 9
349+expenditure on behalf of or in opposition to any candidate, political action committee, or political 10
350+party. 11
351+(k) For purposes of the limitations imposed by this section, all contributions made by a 12
352+person, either directly or indirectly, on behalf of a particular candidate, including contributions that 13
353+are in any way earmarked or otherwise directed through an intermediary or conduit to such 14
354+candidate, shall be treated as contributions from such person to such candidate. The intermediary 15
355+or conduit shall report the original source and the intended recipient of such contribution to the 16
356+board of elections and to the intended recipient, in accordance with regulations and reporting 17
357+requirements promulgated by the board of elections. 18
358+17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 19
359+(a) During the period between the appointment of the campaign treasurer for state and 20
360+municipal committees and political action committees, or in the case of an individual the date on 21
361+which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(2), 22
362+except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 23
363+in which case the ninety-day (90) report shall be included as part of the report required to be filed 24
364+on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election 25
365+pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions 26
366+are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the 27
367+campaign treasurer of a candidate, a political party committee, or a political action committee shall 28
368+file a report containing an account of contributions received, and expenditures made, on behalf of, 29
369+or in opposition to, a candidate: 30
370+(1) At ninety-day (90) intervals commencing on the date on which the individual first 31
371+becomes a candidate, as defined in § 17-25-3(2); 32
372+(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next 33
373+preceding the day of the primary, general, or special election; provided, that in the case of a primary 34
374+
364375
365376 LC001870/SUB A - Page 11 of 18
366-(3) A final report on the twenty-eighth (28th) day following the election. The report shall 1
367-contain: 2
368-(i) The name and address and place of employment of each person from whom 3
369-contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), within 4
370-a calendar year were received; 5
371-(ii) The amount contributed by each person; 6
372-(iii) The name and address of each person to whom expenditures in excess of one hundred 7
373-dollars ($100) two hundred dollars ($200), were made; and 8
374-(iv) The amount and purpose of each expenditure. 9
375-(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 10
376-or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 11
377-political action committee, may certify to the board of elections that the campaign fund of the 12
378-candidate, political party committee, or political action committee having been instituted for the 13
379-purposes of the past election, has completed its business and been dissolved or, in the event that 14
380-the committee will continue its activities beyond the election, that its business regarding the past 15
381-election has been completed. The certification shall be accompanied by a final accounting of the 16
382-campaign fund, or of the transactions relating to the election, including the final disposition of any 17
383-balance remaining in the fund at the time of dissolution or the arrangements that have been made 18
384-for the discharge of any obligations remaining unpaid at the time of dissolution. 19
385-(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 20
386-business and been dissolved, no contribution that is intended to defray expenditures incurred on 21
387-behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 22
388-the campaign treasurer certifies that the campaign fund has completed its business and been 23
389-dissolved, the treasurer shall file reports containing an account of contributions received and 24
390-expenditures made at ninety-day (90) intervals commencing with the next quarterly report 25
391-following the election; however, the time to file under this subsection shall be no later than the last 26
392-day of the month following the ninety-day (90) period, except when the last day of the month filing 27
393-deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 28
394-before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 29
395-(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 30
396-a holiday, the report shall be due on the following business day. 31
397-(2) In addition to the reports required pursuant to this section, a candidate or office holder 32
398-shall also file with the board of elections a paper copy of the account statement from the office 33
399-holder’s campaign account, which account statement shall be the next account statement issued by 34
377+election for a special election where the twenty-eighth (28th) day next preceding the day of the 1
378+primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-2
379+14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the 3
380+day of the primary election for the special election; and 4
381+(3) A final report on the twenty-eighth (28th) day following the election. The report shall 5
382+contain: 6
383+(i) The name and address and place of employment of each person from whom 7
384+contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), except 8
385+self-funding by the candidate, within a calendar year were received; 9
386+(ii) The amount contributed by each person; 10
387+(iii) The name and address of each person to whom expenditures in excess of one hundred 11
388+dollars ($100) two hundred dollars ($200), except self-funding by the candidate, were made; and 12
389+(iv) The amount and purpose of each expenditure. 13
390+(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 14
391+or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 15
392+political action committee, may certify to the board of elections that the campaign fund of the 16
393+candidate, political party committee, or political action committee having been instituted for the 17
394+purposes of the past election, has completed its business and been dissolved or, in the event that 18
395+the committee will continue its activities beyond the election, that its business regarding the past 19
396+election has been completed. The certification shall be accompanied by a final accounting of the 20
397+campaign fund, or of the transactions relating to the election, including the final disposition of any 21
398+balance remaining in the fund at the time of dissolution or the arrangements that have been made 22
399+for the discharge of any obligations remaining unpaid at the time of dissolution. 23
400+(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 24
401+business and been dissolved, no contribution that is intended to defray expenditures incurred on 25
402+behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 26
403+the campaign treasurer certifies that the campaign fund has completed its business and been 27
404+dissolved, the treasurer shall file reports containing an account of contributions received and 28
405+expenditures made at ninety-day (90) intervals commencing with the next quarterly report 29
406+following the election; however, the time to file under this subsection shall be no later than the last 30
407+day of the month following the ninety-day (90) period, except when the last day of the month filing 31
408+deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 32
409+before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 33
410+(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 34
411+
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401413 LC001870/SUB A - Page 12 of 18
402-their financial institution after the filing of the fourth quarterly campaign expense report. The 1
403-account statement shall be submitted to the board within thirty (30) days of its receipt by the 2
404-candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 3
405-a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 4
406-and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 5
407-statement or information contained therein for any candidate, former candidate, officeholder, party, 6
408-or political action committee. Provided, as to state and municipal political parties, the requirements 7
409-of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 8
410-(d)(1) There shall be no obligation to file the reports of expenditures required by this 9
411-section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 10
412-the candidacy by the candidate, by any political party committee, by any political action committee, 11
413-or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand 12
414-dollars ($2,000). 13
415-(2) However, even though the aggregate amount expended on behalf of the candidacy does 14
416-not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made 15
417-listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100) 16
418-two hundred dollars ($200) from any one source, within a calendar year. Even though the aggregate 17
419-amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) two 18
420-thousand dollars ($2,000) and no contribution from any one source, within a calendar year one 19
421-hundred dollars ($100) two hundred dollars ($200), the report shall state the aggregate amount of 20
422-all contributions received. In addition, the report shall state the amount of aggregate contributions 21
423-that were from individuals, the amount from political action committees, and the amount from 22
424-political party committees. 23
425-(e) On or before the first date for filing contribution and expenditure reports, the campaign 24
426-treasurer may file a sworn statement that the treasurer will accept no contributions nor make 25
427-aggregate expenditures in excess of the minimum amounts for which a report is required by this 26
428-chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 27
429-campaign, other than the final report due on the twenty-eighth (28th) day following the election. 28
430-(f) A campaign treasurer must file a report containing an account of contributions received 29
431-and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 30
432-for any ninety-day (90) period in which the campaign received contributions in excess of a total of 31
433-one hundred dollars ($100) two hundred dollars ($200), within a calendar year from any one source 32
434-and/or made expenditures in excess of one thousand dollars ($1,000) two thousand dollars ($2,000) 33
435-within a calendar year; however, the time to file under this subsection shall be no later than the last 34
414+a holiday, the report shall be due on the following business day. 1
415+(2) In addition to the reports required pursuant to this section, a candidate or office holder 2
416+shall also file with the board of elections a paper copy of the account statement from the office 3
417+holder’s campaign account, which account statement shall be the next account statement issued by 4
418+their financial institution after the filing of the fourth quarterly campaign expense report. The 5
419+account statement shall be submitted to the board within thirty (30) days of its receipt by the 6
420+candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 7
421+a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 8
422+and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 9
423+statement or information contained therein for any candidate, former candidate, officeholder, party, 10
424+or political action committee. Provided, as to state and municipal political parties, the requirements 11
425+of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 12
426+(d)(1) There shall be no obligation to file the reports of expenditures required by this 13
427+section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 14
428+the candidacy by the candidate, by any political party committee, by any political action committee, 15
429+or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand 16
430+dollars ($2,000). 17
431+(2) However, even though the aggregate amount expended on behalf of the candidacy does 18
432+not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made 19
433+listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100) 20
434+two hundred dollars ($200) from any one source, except self-funding by the candidate, within a 21
435+calendar year. Even though the aggregate amount expended on behalf of the candidacy does not 22
436+exceed one thousand dollars ($1,000) two thousand dollars ($2,000) and no contribution from any 23
437+one source, except self-funding by the candidate, within a calendar year one hundred dollars ($100) 24
438+two hundred dollars ($200), the report shall state the aggregate amount of all contributions received. 25
439+In addition, the report shall state the amount of aggregate contributions that were from individua ls, 26
440+the amount from political action committees, and the amount from political party committees. 27
441+(e) On or before the first date for filing contribution and expenditure reports, the campaign 28
442+treasurer may file a sworn statement that the treasurer will accept no contributions nor make 29
443+aggregate expenditures in excess of the minimum amounts for which a report is required by this 30
444+chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 31
445+campaign, other than the final report due on the twenty-eighth (28th) day following the election. 32
446+(f) A campaign treasurer must file a report containing an account of contributions received 33
447+and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 34
448+
436449
437450 LC001870/SUB A - Page 13 of 18
438-day of the month following the ninety-day (90) period, except when the last day of the month filing 1
439-deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 2
440-before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 3
441-(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 4
442-a holiday, the report shall be due on the following business day. 5
443-(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 6
444-or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 7
445-must be received no later than the date upon which the report is due to be filed. 8
446-(2) Any person or entity required to file reports with the board of elections pursuant to this 9
447-section and who or that has not filed the report by the required date, unless granted an extension 10
448-pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 11
449-Notwithstanding any of the provisions of this section, the board of elections shall have the authority 12
450-to waive late filing fees for good cause shown. 13
451-(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 14
452-person or entity who or that fails to file the reports required by this section. A person or entity who 15
453-or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 16
454-of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 17
455-notice of non-compliance until the day the report has been received by the state board. 18
456-Notwithstanding any of the provisions of this section, the board of elections shall have the authority 19
457-to waive late filing fees for good cause shown. 20
458-17-25-19. Public financing of election campaigns — Outlined. 21
459-(a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available 22
460-under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates 23
461-for general office and primary elections who agree to abide by a limitation on the total amount of 24
462-campaign contributions received and expenditures made for election purposes. 25
463-(b) Candidates for general office and primary elections shall be eligible to receive two 26
464-dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which 27
465-do not exceed an aggregate of five hundred dollars ($500) from a single source within an election 28
466-cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds 29
467-contributed which exceed an aggregate of five hundred dollars ($500) from a single source within 30
468-an election cycle but do not exceed the limitations on aggregate contributions which are eligible to 31
469-be matched set in subdivision 17-25-20(3), subject to the provisions of subdivision 17-25-20(2). 32
470-The total amount of public funds provided to a candidate shall not exceed seven hundred fifty 33
471-thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand 34
451+for any ninety-day (90) period in which the campaign received contributions in excess of a total of 1
452+one hundred dollars ($100) two hundred dollars ($200), except self-funding by the candidate, 2
453+within a calendar year from any one source and/or made expenditures in excess of one thousand 3
454+dollars ($1,000) two thousand dollars ($2,000) within a calendar year; however, the time to file 4
455+under this subsection shall be no later than the last day of the month following the ninety-day (90) 5
456+period, except when the last day of the month filing deadline following the ninety-day (90) 6
457+reporting period occurs less than twenty-eight (28) days before an election, in which case the report 7
458+shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, 8
459+however, if the last day of the month falls on a weekend or a holiday, the report shall be due on the 9
460+following business day. 10
461+(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 11
462+or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 12
463+must be received no later than the date upon which the report is due to be filed. 13
464+(2) Any person or entity required to file reports with the board of elections pursuant to this 14
465+section and who or that has not filed the report by the required date, unless granted an extension 15
466+pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 16
467+Notwithstanding any of the provisions of this section, the board of elections shall have the authority 17
468+to waive late filing fees for good cause shown. 18
469+(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 19
470+person or entity who or that fails to file the reports required by this section. A person or entity who 20
471+or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 21
472+of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 22
473+notice of non-compliance until the day the report has been received by the state board. 23
474+Notwithstanding any of the provisions of this section, the board of elections shall have the authority 24
475+to waive late filing fees for good cause shown. 25
476+17-25-19. Public financing of election campaigns — Outlined. 26
477+(a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available 27
478+under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates 28
479+for general office and primary elections who agree to abide by a limitation on the total amount of 29
480+campaign contributions received and expenditures made for election purposes. 30
481+(b) Candidates for general office and primary elections shall be eligible to receive two 31
482+dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which 32
483+do not exceed an aggregate of five hundred dollars ($500) from a single source within an election 33
484+cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds 34
485+
472486
473487 LC001870/SUB A - Page 14 of 18
474-dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five 1
475-hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand 2
476-dollars ($375,000) for candidates for other general offices. 3
477-(c) In order to be eligible for matching public funds, each candidate at the time he or she 4
478-becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last 5
479-day for filing declarations of candidacy for general office, must sign a statement under oath 6
480-pledging to comply with the limitations on campaign contributions and expenditures and with all 7
481-of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement 8
482-with his or her declaration for office shall be ineligible to receive public funds. 9
483-17-25-20. Eligibility criteria for matching public funds. 10
484-In order to receive matching public funds under § 17-25-19, a qualifying candidate must 11
485-comply with the following requirements: 12
486-(1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging 13
487-to comply with the limitations on contributions and expenditures for election purposes and with all 14
488-the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for 15
489-general office shall be bound to abide by the limitations on contributions and expenditures set forth 16
490-in this chapter and may not withdraw from his or her obligation to abide by these restrictions. 17
491-(2)(i) Subject to the provisions of paragraph (ii) of this subdivision, no participating 18
492-candidate shall either receive or expend for election purposes more than a total of public and private 19
493-funds in the sum of one million five hundred thousand dollars ($1,500,000) in an election cycle. 20
494-No participating candidate for general office other than governor shall receive or expend for 21
495-election purposes more than a total of public and private funds in the sum of three hundred seventy-22
496-five thousand dollars ($375,000) in an election cycle. 23
497-(ii) The limitations on contributions received from private sources, matching funds 24
498-available from the state, and total permitted expenditures shall apply in the 1994 general election 25
499-and, subject to appropriations by the general assembly, shall increase by a percentage to be 26
500-determined by the board of elections in January of each year in which a general election involving 27
501-general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in 28
502-the consumer price index since the month in which the previous general election involving general 29
503-was held. 30
504-(3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary 31
505-contributions from a single private source within an election cycle shall be eligible for matching 32
506-public funds for candidates for governor; provided, that the entire amount contributed shall be 33
507-considered toward the dollar limits provided in subdivision (2) of this section. 34
488+contributed which exceed an aggregate of five hundred dollars ($500) from a single source within 1
489+an election cycle but do not exceed the limitations on aggregate contributions which are eligible to 2
490+be matched set in subdivision 17-25-20(3), subject to the provisions of subdivision 17-25-20(2). 3
491+The total amount of public funds provided to a candidate shall not exceed seven hundred fifty 4
492+thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand 5
493+dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five 6
494+hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand 7
495+dollars ($375,000) for candidates for other general offices. 8
496+(c) In order to be eligible for matching public funds, each candidate at the time he or she 9
497+becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last 10
498+day for filing declarations of candidacy for general office, must sign a statement under oath 11
499+pledging to comply with the limitations on campaign contributions and expenditures and with all 12
500+of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement 13
501+with his or her declaration for office shall be ineligible to receive public funds. 14
502+17-25-20. Eligibility criteria for matching public funds. 15
503+In order to receive matching public funds under § 17-25-19, a qualifying candidate must 16
504+comply with the following requirements: 17
505+(1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging 18
506+to comply with the limitations on contributions and expenditures for election purposes and with all 19
507+the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for 20
508+general office shall be bound to abide by the limitations on contributions and expenditures set forth 21
509+in this chapter and may not withdraw from his or her obligation to abide by these restrictions. 22
510+(2)(i) Subject to the provisions of paragraph (ii) of this subdivision, no participating 23
511+candidate shall either receive or expend for election purposes more than a total of public and private 24
512+funds in the sum of one million five hundred thousand dollars ($1,500,000) in an election cycle. 25
513+No participating candidate for general office other than governor shall receive or expend for 26
514+election purposes more than a total of public and private funds in the sum of three hundred seventy-27
515+five thousand dollars ($375,000) in an election cycle. 28
516+(ii) The limitations on contributions received from private sources, matching funds 29
517+available from the state, and total permitted expenditures shall apply in the 1994 general election 30
518+and, subject to appropriations by the general assembly, shall increase by a percentage to be 31
519+determined by the board of elections in January of each year in which a general election involving 32
520+general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in 33
521+the consumer price index since the month in which the previous general election involving general 34
522+
508523
509524 LC001870/SUB A - Page 15 of 18
510-(ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary 1
511-contributions from a single private source within an election cycle shall be eligible for matching 2
512-public funds for candidates for lieutenant governor, secretary of state, attorney general, and general 3
513-treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits 4
514-provided for in subdivision (2) of this section. 5
515-(iii) Any private funds lawfully contributed during the current election cycle shall be 6
516-eligible for matching public funds subject to the terms and conditions of this section, and private 7
517-funds donated during a preceding election cycle shall not be eligible for matching public funds. 8
518-(4) The direct costs incurred in connection with raising campaign funds on behalf of a 9
519-candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures 10
520-set forth in subdivision (2) of this section. Direct costs shall include costs of printing and mailing 11
521-invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, 12
522-and travel to those events, but shall not include any portion of the salary or wages of campaign 13
523-employees, nor the cost of any radio, television, computer/Internet/electronic device, or printed 14
524-advertisement. The cost of a fundraising event must be less than the amount of money realized from 15
525-the gross proceeds generated by the fundraising event in order to qualify for this exclusion. 16
526-(5) If a candidate who has accepted public funds makes expenditures in excess of the 17
527-permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an 18
528-amount equal to three (3) times the amount of excess funds expended. In addition, the candidate 19
529-shall be ineligible for further participation in the public financing program during the same election 20
530-cycle. 21
531-(6) In order to receive payments under this section, any candidate for general office shall 22
532-first meet the following additional minimum requirements: 23
533-(i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the 24
534-total amount eligible to be matched for election as to the office sought; 25
535-(ii) Receive private contributions from a minimum of two hundred fifty (250) individuals 26
536-contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive 27
537-private contributions from a minimum of one hundred (100) individuals contributing at least 28
538-twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney 29
539-general and general treasurer; and 30
540-(iii) Comply with any and all applicable nomination provisions in this title and qualify for 31
541-the general election ballot pursuant to the process set forth in this title; and 32
542-(iv) Have no outstanding fines owed to the board of elections. 33
543-(7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this 34
525+was held. 1
526+(3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary 2
527+contributions from a single private source within an election cycle shall be eligible for matching 3
528+public funds for candidates for governor; provided, that the entire amount contributed shall be 4
529+considered toward the dollar limits provided in subdivision (2) of this section. 5
530+(ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary 6
531+contributions from a single private source within an election cycle shall be eligible for matching 7
532+public funds for candidates for lieutenant governor, secretary of state, attorney general, and general 8
533+treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits 9
534+provided for in subdivision (2) of this section. 10
535+(iii) Any private funds lawfully contributed during the current election cycle shall be 11
536+eligible for matching public funds subject to the terms and conditions of this section, and private 12
537+funds donated during a preceding election cycle shall not be eligible for matching public funds. 13
538+(4) The direct costs incurred in connection with raising campaign funds on behalf of a 14
539+candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures 15
540+set forth in subdivision (2) of this section. Direct costs shall include costs of printing and mailing 16
541+invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, 17
542+and travel to those events, but shall not include any portion of the salary or wages of campaign 18
543+employees, nor the cost of any radio, television, computer/Internet/electronic device, or printed 19
544+advertisement. The cost of a fundraising event must be less than the amount of money realized from 20
545+the gross proceeds generated by the fundraising event in order to qualify for this exclusion. 21
546+(5) If a candidate who has accepted public funds makes expenditures in excess of the 22
547+permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an 23
548+amount equal to three (3) times the amount of excess funds expended. In addition, the candidate 24
549+shall be ineligible for further participation in the public financing program during the same election 25
550+cycle. 26
551+(6) In order to receive payments under this section, any candidate for general office shall 27
552+first meet the following additional minimum requirements: 28
553+(i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the 29
554+total amount eligible to be matched for election as to the office sought; 30
555+(ii) Receive private contributions from a minimum of two hundred fifty (250) individua ls 31
556+contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive 32
557+private contributions from a minimum of one hundred (100) individuals contributing at least 33
558+twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney 34
559+
544560
545561 LC001870/SUB A - Page 16 of 18
546-chapter and no private funds used to qualify for the public funds shall be expended by the candidate 1
547-for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s 2
548-campaign. 3
549-(8) No public funds shall be expended by the candidate, except for one or more of the 4
550-following uses directly related to the campaign of the candidate: 5
551-(i) Purchase of time on radio or television stations; provided, however, the content of all 6
552-television time shall include captioning for the deaf and hard of hearing and the content of all radio 7
553-time must be available in a written or text format at the time of request; 8
554-(ii) Purchase of rental space on outdoor signs or billboards; 9
555-(iii) Purchase of advertising space on the computer/Internet/electronic device and in 10
556-newspapers and regularly published magazines and periodicals; 11
557-(iv) Payment of the cost of producing the material aired or displayed on radio, television, 12
558-outdoor signs or billboards, and computer/Internet/electronic device and in newspapers, regularly 13
559-published magazines, and periodicals; 14
560-(v) Payment of the cost of printing and mailing campaign literature and brochures; 15
561-(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign 16
562-paraphernalia; 17
563-(vii) Payment of the cost of legal and accounting expenses incurred in complying with the 18
564-public financing law and regulations as required by this chapter; 19
565-(viii) Payment of the cost of telephone deposits, installation charges, and monthly billings 20
566-in excess of deposits; 21
567-(ix) Payment of the costs of public opinion polls and surveys; and 22
568-(x) Payment of rent, utilities and associated expenses connected with the operation of an 23
569-election headquarters or satellite election offices. 24
570-(9) Contributions received and expended by any candidate for the purpose of defraying any 25
571-expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in 26
572-furtherance of his or her candidacy in a previous election cycle, as defined in subdivision 17-25-27
573-3(7), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 — 17-28
574-25-27. 29
575-(10) No candidate who has elected to receive public funds shall contribute to or loan to his 30
576-or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is 31
577-permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21. 32
578-17-25-21. Primary elections. 33
579-Any candidate eligible to receive public funds and electing to receive these funds who is 34
562+general and general treasurer; and 1
563+(iii) Comply with any and all applicable nomination provisions in this title and qualify for 2
564+the general election ballot pursuant to the process set forth in this title; and 3
565+(iv) Have no outstanding fines owed to the board of elections. 4
566+(7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this 5
567+chapter and no private funds used to qualify for the public funds shall be expended by the candidate 6
568+for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s 7
569+campaign. 8
570+(8) No public funds shall be expended by the candidate, except for one or more of the 9
571+following uses directly related to the campaign of the candidate: 10
572+(i) Purchase of time on radio or television stations; provided, however, the content of all 11
573+television time shall include captioning for the deaf and hard of hearing and the content of all radio 12
574+time must be available in a written or text format at the time of request; 13
575+(ii) Purchase of rental space on outdoor signs or billboards; 14
576+(iii) Purchase of advertising space on the computer/Internet/electronic device and in 15
577+newspapers and regularly published magazines and periodicals; 16
578+(iv) Payment of the cost of producing the material aired or displayed on radio, television, 17
579+outdoor signs or billboards, and computer/Internet/electronic device and in newspapers, regularly 18
580+published magazines, and periodicals; 19
581+(v) Payment of the cost of printing and mailing campaign literature and brochures; 20
582+(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign 21
583+paraphernalia; 22
584+(vii) Payment of the cost of legal and accounting expenses incurred in complying with the 23
585+public financing law and regulations as required by this chapter; 24
586+(viii) Payment of the cost of telephone deposits, installation charges, and monthly billings 25
587+in excess of deposits; 26
588+(ix) Payment of the costs of public opinion polls and surveys; and 27
589+(x) Payment of rent, utilities and associated expenses connected with the operation of an 28
590+election headquarters or satellite election offices. 29
591+(9) Contributions received and expended by any candidate for the purpose of defraying any 30
592+expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in 31
593+furtherance of his or her candidacy in a previous election cycle, as defined in subdivision 17-25-32
594+3(7), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 — 17-33
595+25-27. 34
596+
580597
581598 LC001870/SUB A - Page 17 of 18
582-challenged for nomination for general office in a political party primary shall be permitted to raise 1
583-and expend an additional amount of private funds equal to one-third (⅓) of the maximum allowable 2
584-expenditure amount for the office or equal to the total amount spent by the candidates’ opponent 3
585-or opponents in the primary, whichever amount is less. The additional amount received in 4
586-contributions must be expended prior to the primary election. The additional private contributions 5
587-shall not be eligible for matching public funds. Any candidate eligible to receive public funds and 6
588-electing to receive these funds may use public funds made available pursuant to this chapter for 7
589-any allowable expense, as defined in § 17-25-20, to seek party nomination for general office. 8
590-17-25-22. Time period for payment of public funds. 9
591-(a) No public funds shall be dispersed to candidates until after the date of the primary 10
592-election. In order to receive matching public funds, the candidate must be a candidate for general 11
593-office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate must 12
594-submit to the board of elections proof of receipt of qualifying private contributions and supporting 13
595-documentation as required by the board. The board of elections shall, within five (5) business days 14
596-of the receipt of the request for payment of matching funds, either pay over funds to the candidate 15
597-or disallow all or a portion of the request and state in writing the reasons for the disallowance. 16
598-(b) A candidate may submit supplemental applications for public funds until the time that 17
599-the permitted limits are reached. 18
600-SECTION 2. This act shall take effect upon passage on January 1, 2024. 19
599+(10) No candidate who has elected to receive public funds shall contribute to or loan to his 1
600+or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is 2
601+permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21. 3
602+17-25-21. Primary elections. 4
603+Any candidate eligible to receive public funds and electing to receive these funds who is 5
604+challenged for nomination for general office in a political party primary shall be permitted to raise 6
605+and expend an additional amount of private funds equal to one-third (⅓) of the maximum allowable 7
606+expenditure amount for the office or equal to the total amount spent by the candidates’ opponent 8
607+or opponents in the primary, whichever amount is less. The additional amount received in 9
608+contributions must be expended prior to the primary election. The additional private contributions 10
609+shall not be eligible for matching public funds. Any candidate eligible to receive public funds and 11
610+electing to receive these funds may use public funds made available pursuant to this chapter for 12
611+any allowable expense, as defined in § 17-25-20, to seek party nomination for general office. 13
612+17-25-22. Time period for payment of public funds. 14
613+(a) No public funds shall be dispersed to candidates until after the date of the primary 15
614+election. In order to receive matching public funds, the candidate must be a candidate for general 16
615+office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate must 17
616+submit to the board of elections proof of receipt of qualifying private contributions and supporting 18
617+documentation as required by the board. The board of elections shall, within five (5) business days 19
618+of the receipt of the request for payment of matching funds, either pay over funds to the candidate 20
619+or disallow all or a portion of the request and state in writing the reasons for the disallowance. 21
620+(b) A candidate may submit supplemental applications for public funds until the time that 22
621+the permitted limits are reached. 23
622+SECTION 2. This act shall take effect upon passage. 24
601623 ========
602624 LC001870/SUB A
603625 ========
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606629 EXPLANATION
607630 BY THE LEGISLATIVE COUNCIL
608631 OF
609632 A N A C T
610633 RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIG N CONTRIBUTIONS AND
611634 EXPENDITURES REPORTING
612635 ***
613636 This act would define accounts payable as credit extended by an outside vendor in the 1
614637 ordinary course of business, and not as a campaign contribution. This act would also raise the 2
615638 minimum aggregate reporting amount to two hundred dollars ($200) per year and exempt the 3
616639 candidate from the minimum aggregate reporting requirement. This act would also raise the 4
617640 contribution limit for individuals and political action committees to two thousand dollars ($2,000) 5
618641 per year. Additionally, this act would prohibit public financing for any candidate with outstanding 6
619642 fines owed to the board of elections. Finally, this act would define the terms “fair market value” 7
620643 and “usual and normal charge for goods and services” for donated campaign expenditures. 8
621-This act would take effect upon passage on January 1, 2024. 9
644+This act would take effect upon passage. 9
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