2016 -- S 2632

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LC005168

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND CAMPAIGN FINANCE

     Introduced By: Senators McCaffrey, Lombardi, Lynch Prata, Conley, and Nesselbush

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-19, 17-20-23 and 17-20-29 of the General Laws in Chapter

17-20 entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-19. Envelopes for return of ballots. -- Envelopes for the enclosure and return of

mail ballots and their enclosing certified envelope shall have the printed or written address:

"Board of Elections, 50 Branch Ave., Providence, Rhode Island 02904-2790" of the board of

elections; and shall be forwarded by the secretary of state to each mail voter whose application

for the mail ballot has been received and accepted.

     17-20-23. Marking and certification of ballot. -- (a) A voter may vote for the

candidates of the voter's choice by making a mark in the space provided opposite their respective

names.

      (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

the state, the voter shall mark in the appropriate space associated with the answer that the voter

desires to give.

      (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the

ballot in the presence of two (2) witnesses or some officer authorized by the law of the place

where marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not

need to have their ballot witnessed or notarized. Except as otherwise provided for by this chapter,

the voter shall not allow the official or witnesses to see how he or she marks the ballot and the

official or witnesses shall hold no communication with the voter, nor the voter with the official or

witnesses, as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in

the envelope provided for it. The voter shall then execute before the official or witnesses the

certification on the envelope. The voter shall then enclose and seal the certified envelope with the

ballot in the envelope addressed to the state board and cause the certified envelope containing the

ballot to be delivered to the state board not later than the time prescribed by §17-18-11 for the

closing of polling places on the day of the election on or before election day.

      (d) These ballots shall be counted only if received within the time limited by this

chapter.

      (e) There shall be a space provided on the general election ballot to allow the voter to

write in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and

17-20-24.

     17-20-29. Mail applicant not permitted to vote at polls. -- (a) No person, or one

claiming to be that person, whose name has been marked upon any voting list, provided for

official use at any election, with the mark as provided by § 17-20-10, shall be permitted to vote in

person at the election; provided, that the person may re-establish his or her right to vote in person

by presenting himself or herself at that person's local board on or before election day and

surrendering his or her mail ballot. Upon that surrender the person's name shall be restored to the

voting list. Any person whose name has been marked on the voting list may also as applying for a

mail ballot shall be permitted to vote in person if that person executes and delivers to the local

board an affidavit stating that the person did not receive the mail ballot, or that the mail ballot

was lost or destroyed cast a provisional ballot in accordance with §17-19-24.1.

      (b) Each local board shall, immediately after the close of the polls, certify and deliver to

the state board the names and addresses of all persons restored to the voting list, together with the

affidavits and surrendered ballots received pursuant to this section.

     SECTION 2. Section 17-23-2 of the General Laws in Chapter 17-23 entitled "Election

Offenses" is hereby repealed.

     17-23-2. Signature of posters, fliers, and circulars. -- No person shall intentionally

write, print, post, or distribute, or cause to be written, printed, posted, or distributed, a circular,

flier, or poster designed or tending to injure or defeat any candidate for nomination or election to

any public office, by criticizing the candidate's personal character or political action, or designed

or tending to aid, injure, or defeat any question submitted to the voters, unless there appears upon

the circular, flier, or poster in a conspicuous place the name of the author and either the names of

the chairperson and secretary, or of two (2) officers, of the political or other organization issuing

the poster, flier, or circular, or of some voter who is responsible for it, with the voter's name and

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residence, and the street and numbers, if any.

     SECTION 3. Sections 17-25-3, 17-25-10, 17-25-10.1 and 17-25-11 of the General Laws

in Chapter 17-25 entitled "Rhode Island Campaign Contributions and Expenditures Reporting"

are hereby amended to read as follows:

     17-25-3. Definitions. -- As used in this chapter, unless a different meaning clearly

appears from the context:

      (1) "Business entity" means any corporation, whether for profit or not for profit,

domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution,

cooperative, association, receivership, trust, holding company, firm, joint stock company, public

utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the

laws of the United States and/or the state of Rhode Island for the purpose of doing business. The

term "business entity" shall not include a political action committee organized pursuant to this

chapter or a political party committee or an authorized campaign committee of a candidate or

office holder. The term "business entity" shall not include any exempt nonprofit as defined herein

or any organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any

subsequent corresponding internal revenue code of the United States, as amended from time to

time, for the purposes of chapter 17-25.3 of the general laws only.

      (2) "Candidate" means any individual who undertakes any action, whether preliminary or

final, which is necessary under the law to qualify for nomination for election or election to public

office, and/or any individual who receives a contribution or makes an expenditure, or gives his or

her consent for any other person to receive a contribution or make an expenditure, with a view to

bringing about his or her nomination or election to any public office, whether or not the specific

public office for which he or she will seek nomination or election is known at the time the

contribution is received or the expenditure is made and whether or not he or she has announced

his or her candidacy or filed a declaration of candidacy at that time.

     (3) "Conduit" or "intermediary" means any person who receives and forwards an

earmarked contribution to a candidate or a candidate's authorized committee, except as otherwise

limited in this chapter.

      (3)(4) "Contributions" and "expenditures" include all transfers of money, credit or debit

card transactions on-line or electronic payment systems such as "pay pal," paid personal services,

or other thing of value to or by any candidate, committee of a political party, or political action

committee or ballot question advocate. A loan shall be considered a contribution of money until it

is repaid.

     (5) "Earmarked" means a designation, instruction, or encumbrance, whether direct or

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indirect, express or implied, oral or written, which results in all or any part of a contribution or

expenditure being made to, or expended on behalf of, a clearly identified candidate or a

candidate's authorized committee.

      (4)(6) "Election" means any primary, general, or special election or town meeting for

any public office of the state, municipality, or district or for the determination of any question

submitted to the voters of the state, municipality, or district.

      (5)(7) "Election cycle" means the twenty-four (24) month period commencing on

January 1 of odd number years and ending on December 31 of even number years; provided, with

respect to the public financing of election campaigns of general officers under §§ 17-25-19, 17-

25-20, and 17-25-25, "election cycle" means the forty-eight (48) month period commencing on

January 1 of odd numbered years and ending December 31 of even numbered years.

      (6)(8) "In-Kind Contributions" means the monetary value of other things of value or paid

personal services donated to, or benefiting, any person required to file reports with the board of

elections.

      (7)(9) "Other thing of value" means any item of tangible real or personal property of a

fair market value in excess of one hundred dollars ($100).

      (8)(10) "Paid personal services" means personal services of every kind and nature, the

cost or consideration for which is paid or provided by someone other than the committee or

candidate for whom the services are rendered, but shall not include personal services provided

without compensation by persons volunteering their time.

      (9)(11) "Person" means an individual, partnership, committee, association, corporation,

union, charity and/or any other organization. The term "person" shall not include any exempt

nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue

Code of 1986, or any subsequent corresponding internal revenue code of the United States, as

amended from time to time, for the purposes of chapter 17-25.3 of the general laws only.

      (10)(12) "Political action committee" means any group of two (2) or more persons that

accepts any contributions to be used for advocating the election or defeat of any candidate or

candidates. Only political action committees that have accepted contributions from fifteen (15) or

more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be

permitted to make contributions, and those committees must make contributions to at least five

(5) candidates for state or local office within an election cycle.

      (11)(13) "Public office" means any state, municipal, school, or district office or other

position that is filled by popular election, except political party offices. "Political party offices"

means any state, city, town, ward, or representative or senatorial district committee office of a

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political party or delegate to a political party convention, or any similar office.

      (12)(14) "State" means state of Rhode Island.

      (13)(15) "Testimonial affair" means an affair of any kind or nature including, but not

limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs

expressly and directly intended to raise campaign funds in behalf of a candidate to be used for

nomination or election to a public office in this state, or expressly and directly intended to raise

funds in behalf of any state or municipal committee of a political party, or expressly and directly

intended to raise funds in behalf of any political action committee.

      (14)(16) "Electioneering communication" means any print, broadcast, cable, satellite, or

electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate,

authorized candidate campaign committee, or political party committee and which

unambiguously identifies a candidate or referendum and is made either within sixty (60) days

before a general or special election or town meeting for the office sought by the candidate or

referendum; or thirty (30) days before a primary election, for the office sought by the candidate;

and is targeted to the relevant electorate.

      (i) A communication which refers to a clearly identified candidate or referendum is

"targeted to the relevant electorate" if the communication can be received by two thousand

(2,000) or more persons in the district the candidate seeks to represent or the constituency voting

on the referendum.

      (ii) Exceptions: The term "electioneering communication" does not include:

      (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

      (B) A communication which constitutes a candidate debate or forum conducted pursuant

to regulations adopted by the board of elections or which solely promotes such a debate or forum

and is made by or on behalf of the person sponsoring the debate or forum; or

      (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

      (D) A communication over the Internet, except for (I) Communications placed for a fee

on the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

      (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

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implementation of this paragraph.

      (15)(17) "Independent expenditure" means an expenditure which, when taken as a

whole, expressly advocates the election or defeat of a clearly identified candidate, or the passage

or defeat of a referendum, or amounts to the functional equivalent of such express advocacy, and

is in no way coordinated, as set forth in § 17-25-23, with any candidate's campaign, authorized

candidate committee, or political party committee. An expenditure amounts to the functional

equivalent of express advocacy if it can only be interpreted by a reasonable person as advocating

the election, passage, or defeat of a candidate or referendum, taking into account whether the

communication mentions a candidate or referendum and takes a position on a candidate's

character, qualifications, or fitness for office. An independent expenditure is not a contribution to

that candidate or committee.

      (i) Exceptions: The term "independent expenditure" does not include:

      (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

      (B) A communication which constitutes a candidate debate or forum conducted pursuant

to regulations adopted by the board of elections or which solely promotes such a debate or forum

and is made by or on behalf of the person sponsoring the debate or forum;

      (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

      (D) A communication over the Internet, except for (I) Communications placed for a fee

on the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

      (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

implementation of this paragraph.

      (16)(18) "Covered transfer" means any transfer or payment of funds by any person,

business entity or political action committee to another person, business entity, or political action

committee if the person, business entity, or political action committee making the transfer: (i)

Designates, requests, or suggests that the amounts be used for independent expenditures or

electioneering communications or making a transfer to another person for the purpose of making

or paying for such independent expenditures or electioneering communications; (ii) Made such

transfer or payment in response to a solicitation or other request for a transfer or payment for the

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making of or paying for independent expenditures or electioneering communications or making a

transfer to another person for the purpose of marking or paying for such independent expenditures

or electioneering communications; (iii) Engaged in discussions with the recipient of the transfer

or payment regarding independent expenditures or electioneering communications or making a

transfer to another person for the purpose of marking or paying for such independent expenditures

or electioneering communications; or (iv) Made independent expenditures or electioneering

communications in an aggregate amount of five thousand dollars ($5,000) or more during the two

(2) year period ending on the date of the transfer or payment, or knew or had reason to know that

the person receiving the transfer or payment made such independent expenditures or

electioneering communications in such an aggregate amount during that two (2) year period.

      (A) Exceptions: The term "covered transfer" does not include:

      (I) A transfer or payment made by a person, business entity or political action committee

in the ordinary course of any trade or business conducted by the person, business entity or

political action committee or in the form of investments made by the person, business entity or

political action committee; or

      (II) A transfer or payment made by a person, business entity or political action

committee if the person, business entity or political action committee making the transfer

prohibited, in writing, the use of such transfer or payment for independent expenditures,

electioneering communications, or covered transfers and the recipient of the transfer or payment

agreed to follow the prohibition and deposited the transfer or payment in an account which is

segregated from any account used to make independent expenditures, electioneering

communications, or covered transfers.

      (17)(19) For the purposes of chapter 17-25.3 of the general laws, "donation" means all

transfers of money, credit or debit card transactions on-line or electronic payment systems such as

"pay pal," paid personal services, or other thing of value to or by any person, business entity, or

political action committee. A loan shall be considered a donation of money until it is repaid.

     (18)(20) For the purposes of chapter 17-25.3 of the general laws, "donor" means a

person, business entity, or political action committee that makes a donation.

      (19)(21) "Exempt nonprofit" means any organization described in § 501(c)(4) of the

Internal Revenue Code that spends an aggregate annual amount of no more than ten percent

(10%) of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is

less, on independent expenditures, electioneering communications, and covered transfers as

defined herein and certifies the same to the board of elections seven (7) days before and after a

primary election and seven (7) days before and after a general or special election.

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      (20)(22) For purposes of chapter 17-25.3 of the general laws, "referendum" means the

same as the definition set forth in § 17-5-1 of the general laws.

     17-25-10. Lawful methods of contributing to support of candidates -- Reporting --

Disposition of anonymous contributions. [Effective January 1, 2016.] -- (a) No contribution

shall be made or received, and no expenditures shall be directly made or incurred, to support or

defeat a candidate except through:

      (1) The candidate or duly appointed campaign treasurer or deputy campaign treasurer of

the candidate;

      (2) The duly appointed campaign treasurer or deputy campaign treasurer of a political

party committee;

      (3) The duly appointed campaign treasurer or deputy campaign treasurer of a political

action committee.

      (b) It shall be lawful for any person, not otherwise prohibited by law and not acting in

concert with any other person or group, to expend personally from that person's own funds a sum

that is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a

candidate; provided, that any person making the expenditure shall be required to report all of his

or her expenditures and expenses, if the total of the money so expended exceeds one hundred

dollars ($100) within a calendar year, to the board of elections within seven (7) days of making

the expenditure and to the campaign treasurer of the candidate or political party committee on

whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7)

days of making the expenditure, who shall cause the expenditures and expenses to be included in

his or her reports to the board of elections. Whether a person is "acting in concert with any other

person or group" for the purposes of this subsection shall be determined by application of the

standards set forth in § 17-25-23.

      (c) Any anonymous contribution received by a candidate, campaign treasurer, or deputy

campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's

identity can be ascertained; if not, the contribution shall escheat to the state.

     17-25-10.1. Political contributions -- Limitations. -- (a) (1) No person, other than the

candidate to his or her own campaign, nor any political action committee shall make a

contribution or contributions to any candidate, as defined by § 17-25-3, or political action

committee or political party committee which in the aggregate exceed one thousand dollars

($1,000) within a calendar year, nor shall any person make contributions to more than one state or

local candidate, to more than one political action committee, or to more than one political party

committee, or to a combination of state and local candidates and political action committees and

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political party committees which in the aggregate exceed ten thousand dollars ($10,000) within a

calendar year, nor shall any political action committee make such contributions which in the

aggregate exceed twenty-five thousand dollars ($25,000) within a calendar year, nor shall any

candidate or any political action committee or any political party committee accept a contribution

or contributions which in the aggregate exceed one thousand dollars ($1,000) within a calendar

year from any one person or political action committee.

      (2) Notwithstanding the provisions of subdivision (1) of this subsection, a person or

political action committee or political party committee may contribute an amount which in the

aggregate does not exceed ten thousand dollars ($10,000) within a calendar year to a political

party committee, which funds can be utilized for organizational and party building activities, but

shall not be used for contributions to candidates state and local for public office.

      (b) Contributions to a named candidate made to any political committee authorized by

that candidate to accept contributions on the candidate's behalf shall be considered to be

contributions made to the candidate. Contributions to a candidate by a political committee for

another person shall be considered to be contributions by that person.

      (c) Expenditures made by any person in cooperation, consultation or concert with, or at

the request or suggestion of, a candidate, the candidate's authorized political committees, or their

agents shall be considered to be a contribution to the candidate.

      (d) The financing by any person of the dissemination, distribution, or republication, in

whole or in part, of any broadcast or any written, graphic, or other form of campaign materials

prepared by the candidate, the candidate's campaign committees, or their authorized agents shall

be considered to be a contribution to a candidate.

     (e) For purposes of the limitations imposed by this section, all contributions made by a

person, either directly or indirectly, on behalf of a particular candidate, including contributions

which are in any way earmarked or otherwise directed through an intermediary or conduit to such

candidate, shall be treated as contributions from such person to such candidate. The intermediary

or conduit shall report the original source and the intended recipient of such contribution to the

board of elections and to the intended recipient, in accordance with regulations and reporting

requirements promulgated by the board of elections.

      (e)(f) Nothing in this section shall be construed to restrict political party committees

organized pursuant to this title from making contributions to the candidates of that political party;

provided, that these contributions, other than allowable "in-kind" contributions, shall not exceed,

in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar

year, nor shall any candidate accept a contribution or contributions, other than allowable "in-

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kind" contributions, which in the aggregate exceed twenty-five thousand dollars ($25,000) within

a calendar year from all committees of his or her political party. There shall be no restriction on

the amount of "in-kind" contributions that a political party committee may make to a candidate of

its political party; provided, that for the purposes of this subsection only, the cost of any

preparation and airing of television and/or radio advertisements and the cost of any print

advertisements shall not be considered an allowable "in-kind" contribution and shall be subject to

the aggregate limitation of twenty-five thousand dollars ($25,000).

      (f)(g) (1) A contribution from an individual's dependent children, as defined in § 36-14-

2, shall be deemed a contribution from the individual for the purpose of determining whether

aggregate contributions exceed either the one hundred dollar ($100) threshold for reporting

purposes or the one thousand dollar ($1,000) maximum for contributions to a single candidate or

political action committee or the ten thousand dollar ($10,000) maximum for contributing to all

candidates and political action committees within a calendar year.

      (2) No dependent child shall contribute an amount which, when added to contributions

already made by that child's parent or legal guardian and by other dependent children of that

parent or legal guardian, exceed the one thousand dollar ($1,000) maximum for contributions to a

single candidate or political action committee or exceed the ten thousand dollar ($10,000)

maximum for contributions to all state or local candidates and political action committees within

a calendar year.

      (g)(h) Nothing in this section shall be construed to restrict the amount of money that a

candidate can borrow in his or her own name, and subsequently contribute or loan to his or her

own campaign.

      (h)(i) (1) It shall be unlawful for any corporation, whether profit or non-profit, domestic

corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any

campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political

action committee, or political party committee, or for any candidate, political action committee,

or political party committee to accept any campaign contribution or expenditure from a

corporation or other business entity. Any contribution made in the personal name of any

employee of a corporation or other business entity, for which the employee received or will

receive reimbursement from the corporation or other business entity, shall be considered as a

contribution by the corporation or other business entity, in violation of this section.

      (2) Any voluntary payroll deduction and/or contribution made by employees of a

corporation or other business entity shall not be deemed a contribution of a corporation or other

business entity, notwithstanding that the contributions were sent to the recipient by the

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corporation or other business entity.

      (i)(j) All contributions of funds shall be by check, money order, or credit card and may

be made over the Internet, but in each case the source of the funds must be identified; provided,

that candidates may accept contributions in cash which do not exceed twenty-five dollars

($25.00) in the aggregate from an individual within a calendar year. The cash contribution must

be delivered directly by the donor to the candidate, his or her campaign treasurer, or deputy

treasurer. The treasurer or deputy treasurer shall maintain a record of the name and address of all

persons making these cash contributions.

      (j)(k) Except as provided in subsection (h) of this section, no entity other than an

individual, a political action committee which is duly registered and qualified pursuant to the

terms of this chapter, political party committee authorized by this title, or an authorized

committee of an elected official or candidate established pursuant to this chapter shall make any

contribution to or any expenditure on behalf of or in opposition to any candidate, political action

committee, or political party.

     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

[Effective January 1, 2016.] -- (a) During the period between the appointment of the campaign

treasurer for state and municipal committees and political action committees, or in the case of an

individual the date on which the individual becomes a "declared or undeclared candidate" as

defined in § 17-25-3(2), except when the ninety-day (90) reporting period ends less than forty

(40) days prior to an election in which case the ninety-day (90) report shall be included as part of

the report required to be filed on the twenty-eighth (28th) day next preceding the day of the

primary, general, or special election pursuant to subdivision (2) of this subsection, and the

election, with respect to which contributions are received or expenditures made by him or her in

behalf of, or in opposition to, a candidate, the campaign treasurer of a candidate, a political party

committee, or a political action committee shall file a report containing an account of

contributions received, and expenditures made, on behalf of, or in opposition to, a candidate:

      (1) At ninety-day (90) intervals commencing on the date on which the individual first

becomes a candidate, as defined in § 17-25-3(2);

      (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

preceding the day of the primary, general, or special election; provided, that in the case of a

primary election for a special election where the twenty-eighth (28th) day next preceding the day

of the primary election occurs prior to the first day for filing declarations of candidacy pursuant to

§ 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding

the day of the primary election for the special election; and

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      (3) A final report on the twenty-eighth (28th) day following the election. The report shall

contain:

      (i) The name and address and place of employment of each person from whom

contributions in excess of a total of one hundred dollars ($100) within a calendar year were

received;

      (ii) The amount contributed by each person;

      (iii) The name and address of each person to whom expenditures in excess of one

hundred dollars ($100) were made; and

      (iv) The amount and purpose of each expenditure.

      (b) Concurrent with the report filed on the twenty-eighth (28th) day following an

election, or at any time thereafter, the campaign treasurer of a candidate, or political party

committee, or political action committee, may certify to the board of elections that the campaign

fund of the candidate, political party committee, or political action committee having been

instituted for the purposes of the past election, has completed its business and been dissolved or,

in the event that the committee will continue its activities beyond the election, that its business

regarding the past election has been completed; and the certification shall be accompanied by a

final accounting of the campaign fund, or of the transactions relating to the election, including the

final disposition of any balance remaining in the fund at the time of dissolution or the

arrangements that have been made for the discharge of any obligations remaining unpaid at the

time of dissolution.

      (c) (1) Once the campaign treasurer certifies that the campaign fund has completed its

business and been dissolved, no contribution that is intended to defray expenditures incurred on

behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time

that the campaign treasurer certifies that the campaign fund has completed its business and been

dissolved, the treasurer shall file reports containing an account of contributions received and

expenditures made at ninety-day (90) intervals commencing with the next quarterly report

following the election; however, the time to file under this subsection shall be no later than the

last day of the month following the ninety-day (90) period, except when the last day of the month

filing deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28)

days before an election, in which case the report shall be filed pursuant to the provisions of

subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on

a weekend or a holiday, the report shall be due on the following business day.

      (2) In addition to the reports required pursuant to this section, a candidate or office

holder shall also file with the board of elections a paper copy of the account statement from the

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office holder's campaign account, which account statement shall be the next account statement

issued by their financial institution after the filing of the fourth quarterly campaign expense

report. A candidate/treasurer certifying that the campaign fund has completed its business and has

been dissolved shall also file with the board of elections a paper copy of the account statement

from the candidate's or office holder's campaign account, which account statement shall be the

account statement issued by the candidate's or office holder's financial institution next following

the date of dissolution. In each instance, the The account statement shall be submitted to the

board within thirty (30) days of its receipt by the candidate, officeholder, treasurer, or deputy

treasurer. The account statement shall not be deemed a public record pursuant to the provisions of

chapter 2 of title 38. The board of elections, its agents, and employees shall not publish, deliver,

copy, or disclose, to any person or entity any account statement or information contained therein

for any candidate, former candidate, officeholder, party, or political action committee. Provided,

as to state and municipal political parties, the requirements of this subsection (c)(2) shall apply to

the annual report required pursuant to § 17-25-7.

      (d) (1) There shall be no obligation to file the reports of expenditures required by this

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf

of the candidacy by the candidate, by any political party committee, by any political action

committee, or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

      (2) However, even though the aggregate amount expended on behalf of the candidacy

does not exceed one thousand dollars ($1,000), reports must be made listing the source and

amounts of all contributions in excess of a total of one hundred dollars ($100) from any one

source within a calendar year. Even though the aggregate amount expended on behalf of the

candidacy does not exceed one thousand dollars ($1,000) and no contribution from any one

source within a calendar year exceeds one hundred dollars ($100), the report shall state the

aggregate amount of all contributions received. In addition, the report shall state the amount of

aggregate contributions that were from individuals, the amount from political action committees,

and the amount from political party committees.

      (e) On or before the first date for filing contribution and expenditure reports, the

campaign treasurer may file a sworn statement that the treasurer will accept no contributions nor

make aggregate expenditures in excess of the minimum amounts for which a report is required by

this chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

      (f) A campaign treasurer must file a report containing an account of contributions

received and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of

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this section for any ninety-day (90) period in which the campaign received contributions in excess

of a total of one hundred dollars ($100) within a calendar year from any one source and/or made

expenditures in excess of one thousand dollars ($1,000) within a calendar year; however, the time

to file under this subsection shall be no later than the last day of the month following the ninety-

day (90) period, except when the last day of the month filing deadline following the ninety-day

(90) reporting period occurs less than twenty-eight (28) days before an election, in which case the

report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section.

Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be

due on the following business day.

      (g) (1) The board of elections may, for good cause shown and upon the receipt of a

written or electronic request, grant a seven-day (7) extension for filing a report; provided, that the

request must be received no later than the date upon which the report is due to be filed.

      (2) Any person or entity required to file reports with the board of elections pursuant to

this section and who or that has not filed the report by the required date, unless granted an

extension pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars

($25.00). Notwithstanding any of the provisions of this section, the board of elections shall have

the authority to waive late filing fees for good cause shown.

      (3) The board of elections shall send a notice of non-compliance, by certified mail, to

any person or entity who or that fails to file the reports required by this section. A person or entity

who or that is sent a notice of non-compliance and fails to file the required report within seven (7)

days of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt

of the notice of non-compliance until the day the report has been received by the state board.

Notwithstanding any of the provisions of this section, the board of elections shall have the

authority to waive late filing fees for good cause shown.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND CAMPAIGN FINANCE

***

     This act would allow a voter who has requested a mail ballot, but has not voted to vote a

provisional ballot on election day. It would also add definitions for terms "conduit" and

"earmarked" for the purpose of reporting campaign contributions. It would clarify an ambiguity

concerning the reporting requirements for independent advocates, eliminate aggregate limits on

contributions, and add a prohibition on earmarked contributions. The act would additionally allow

the filing of a paper copy of a candidate/office holder's campaign account statement upon

dissolution of the account.

     This act would take effect upon passage.

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