| 1 | 1 | | BILL AS INTRODUCED S.86 |
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| 2 | 2 | | 2025 Page 1 of 4 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380297 v.2 |
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| 6 | 6 | | S.86 1 |
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| 7 | 7 | | Introduced by Senators Hardy, Clarkson and Vyhovsky 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Elections; campaign finance; reporting requirements; disclosures; 5 |
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| 11 | 11 | | failure to file; penalties 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require 7 |
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| 13 | 13 | | candidates for State and county offices to submit a report and affirmative 8 |
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| 14 | 14 | | statement when the candidate has not made expenditures or received 9 |
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| 15 | 15 | | contributions in an amount that would otherwise require disclosure under 17 10 |
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| 16 | 16 | | V.S.A. § 2964. This bill also proposes to create penalties for the delinquent 11 |
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| 17 | 17 | | filing of a registration, report, or disclosure required by 17 V.S.A. chapter 61 12 |
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| 18 | 18 | | (campaign finance). 13 |
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| 19 | 19 | | An act relating to establishing penalties for the failure of a candidate to file 14 |
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| 20 | 20 | | campaign finance disclosures 15 |
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| 21 | 21 | | It is hereby enacted by the General Assembly of the State of Vermont: 16 |
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| 22 | 22 | | Sec. 1. 17 V.S.A. § 2964 is amended to read: 17 |
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| 23 | 23 | | § 2964. CAMPAIGN REPORTS; CANDIDATES FOR STATE OFFICE, 18 |
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| 24 | 24 | | THE GENERAL ASSEMBLY, AND COUNTY OFFICE; 19 |
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| 25 | 25 | | POLITICAL COMMITTEES; POLITICAL PARTIES 20 BILL AS INTRODUCED S.86 |
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| 26 | 26 | | 2025 Page 2 of 4 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380297 v.2 |
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| 30 | 30 | | * * * 1 |
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| 31 | 31 | | (c) The failure of a candidate, political committee, or political party to file a 2 |
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| 32 | 32 | | report under this section shall be deemed an affirmative statement that a report 3 |
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| 33 | 33 | | is not required of the candidate, political committee, or political party under 4 |
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| 34 | 34 | | this section. 5 |
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| 35 | 35 | | (d) Each candidate for State office, the General Assembly, a two-year-term 6 |
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| 36 | 36 | | county office, or a four-year term county office who is not otherwise required 7 |
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| 37 | 37 | | to file a report pursuant to this section shall file with the Secretary of State a 8 |
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| 38 | 38 | | report and affirmative statement that the candidate has not made expenditures 9 |
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| 39 | 39 | | or accepted contributions in the amounts specified in this section. 10 |
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| 40 | 40 | | Sec. 2. 17 V.S.A. § 2974 is added to read: 11 |
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| 41 | 41 | | § 2974. DELINQUENT FILING; PENALTIES 12 |
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| 42 | 42 | | (a) If any registration, report, or disclosure is not filed in the time and 13 |
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| 43 | 43 | | manner required by this chapter: 14 |
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| 44 | 44 | | (1) The Office of the Secretary of State shall issue a notice of 15 |
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| 45 | 45 | | delinquency to the candidate for any registration, report, or disclosure required 16 |
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| 46 | 46 | | of a candidate in the time and manner required by this chapter. 17 |
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| 47 | 47 | | (2) The candidate shall have five business days from the date that the 18 |
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| 48 | 48 | | Office of the Secretary of State issues the notice to cure the delinquency. 19 |
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| 49 | 49 | | (3) Immediately following the five business day period, the delinquent 20 |
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| 50 | 50 | | candidate shall pay a $10.00 penalty for each subsequent day that the 21 BILL AS INTRODUCED S.86 |
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| 51 | 51 | | 2025 Page 3 of 4 |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #380297 v.2 |
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| 55 | 55 | | registration, report, or disclosure remains delinquent. For an individual 1 |
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| 56 | 56 | | delinquent filing, the total amount of penalties imposed pursuant to this section 2 |
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| 57 | 57 | | shall not exceed $1,000.00. 3 |
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| 58 | 58 | | (4) Notwithstanding subdivision (3) of this subsection, the Secretary of 4 |
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| 59 | 59 | | State may reduce or waive any penalty imposed under this section if the 5 |
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| 60 | 60 | | candidate demonstrates good cause, as determined by the Secretary of State. 6 |
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| 61 | 61 | | (b) The Office of the Secretary of State shall send a notice of delinquency 7 |
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| 62 | 62 | | to the email address provided by the candidate in the candidate’s consent of 8 |
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| 63 | 63 | | candidate form. 9 |
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| 64 | 64 | | (c) The Secretary of State may utilize remedies available to a claimant 10 |
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| 65 | 65 | | agency under 32 V.S.A. chapter 151, subchapter 12 to collect any unpaid 11 |
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| 66 | 66 | | penalty. 12 |
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| 67 | 67 | | (d)(1) A candidate who files a report or disclosure with intent to defraud, 13 |
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| 68 | 68 | | falsify, conceal, or cover up by any trick, scheme, or device a material fact; or, 14 |
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| 69 | 69 | | with intent to defraud, make any false, fictitious, or fraudulent claim or 15 |
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| 70 | 70 | | representation as to a material fact; or, with intent to defraud, make or use any 16 |
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| 71 | 71 | | writing or document knowing the same to contain any false, fictitious, or 17 |
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| 72 | 72 | | fraudulent claim or entry as to a material fact shall be considered to have made 18 |
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| 73 | 73 | | a false claim for the purposes of 13 V.S.A. § 3016. 19 |
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| 74 | 74 | | (2) Pursuant to 3 V.S.A. § 1223 and section 2904a of this title, 20 |
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| 75 | 75 | | complaints regarding any candidate who fails to properly file a registration, 21 BILL AS INTRODUCED S.86 |
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| 76 | 76 | | 2025 Page 4 of 4 |
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| 79 | 79 | | VT LEG #380297 v.2 |
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| 80 | 80 | | report, or disclosure required under this chapter may be filed with the Office of 1 |
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| 81 | 81 | | the Secretary of State. The Secretary of State shall refer complaints to the 2 |
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| 82 | 82 | | Attorney General or to the State’s Attorney of jurisdiction for investigation, as 3 |
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| 83 | 83 | | appropriate. 4 |
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| 84 | 84 | | Sec. 3. EFFECTIVE DATE 5 |
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| 85 | 85 | | This act shall take effect on July 1, 2025. 6 |
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