2020 -- H 7721 | |
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LC004533 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- CAMPAIGN FINANCE -- FORFEITURE OF | |
CONTRIBUTIONS | |
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Introduced By: Representatives McKiernan, Caldwell, McEntee, O'Brien, and Craven | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
(Governor) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 17-14-1 of the General Laws in Chapter 17-14 entitled "Nomination |
2 | of Party and Independent Candidates" is hereby amended to read as follows: |
3 | 17-14-1. Declarations of candidacy. |
4 | During the last consecutive Monday, Tuesday, and Wednesday in June in the even years |
5 | and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary election for a special |
6 | election, or for an election regularly scheduled for a time other than the biennial general statewide |
7 | election, each voter desiring to be a candidate at the upcoming primary or an independent candidate |
8 | on final nomination papers shall, on a form that shall be provided by the secretary of state, file a |
9 | declaration of his or her candidacy not later than four (4:00) p.m. of the last day for the filing with |
10 | the secretary of state for congressional and statewide general offices, or with the local board of the |
11 | place of the candidate's voting residence for general assembly, or state committee or senatorial and |
12 | representative district committee or with the appropriate local board for local officers. The |
13 | declaration shall be signed by the candidate as his or her name appears on the voting list. The |
14 | signature shall be accepted as valid if it can be reasonably identified to be the name and signature |
15 | of the voter it purports to be. A variation of the voter's signature by the insertion or omission of |
16 | identifying titles or by the substitution of initials for the first or middle names of both shall not in |
17 | itself be grounds for invalidation of the signature. The declaration shall also include the following |
18 | information: |
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1 | (1) The candidate's name as it appears on the voting list, subject to the same provisions as |
2 | relate to the voter's signature on the declaration; |
3 | (2) The address as it appears on the voting list, provided that an address which is |
4 | substantially the same as the address on the voting list shall be valid; |
5 | (3) The party declaration if seeking to run in a party primary; |
6 | (4) The office sought; |
7 | (5) The place and date of birth; |
8 | (6) The length of residence in the state and in the town or city where he or she resides; |
9 | (7) A certification that he or she is neither serving a sentence, including probation or parole, |
10 | for which he or she was imprisoned upon final conviction of a felony imposed on any date nor |
11 | serving any sentence, whether incarcerated or suspended, on probation or parole, upon final |
12 | conviction of a felony committed after November 5, 1986; |
13 | (8) A certification that he or she has not been lawfully adjudicated to be non compos |
14 | mentis, of unsound mind; |
15 | (9) If a person is a candidate for state or local office, a certification that, as of the date of |
16 | declaration, they have no campaign finance reports, due on or after July 1, 2019, to the state board |
17 | of elections, pursuant to chapter 25 of this title, that are more than thirty (30) days overdue; |
18 | (10) If a person is a candidate for state or local office, a certification that, as of the date of |
19 | declaration, they have no unpaid fines, fees, or penalties assessed on or after July 1, 2019, by the |
20 | state board of elections, pursuant to its authority granted under chapter 7 or 25 of this title, that are |
21 | overdue by more than thirty (30) days; provided that, any fines, fees, or penalties, that are subject |
22 | to payment plans as agreed to with the state board of elections or being appealed pending |
23 | determination by the state board of elections or a court of competent jurisdiction, or for which the |
24 | time to appeal to the state board of elections or a court of competent jurisdiction has not expired |
25 | shall not be considered overdue for purposes of this subsection; |
26 | (9)(11) In the case of candidates for party nomination, a certification that he or she has not |
27 | been a member of a political party other than the declared party within ninety (90) days of the filing |
28 | date; and |
29 | (10)(12) If a person is a candidate for a state or local office, a certification that the person |
30 | has not within the preceding three (3) years served any sentence, incarcerated or suspended, on |
31 | probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere |
32 | or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of |
33 | imprisonment for six (6) months or more, whether suspended or to be served as imposed. |
34 | SECTION 2. Sections 17-25-11, 17-25-13, 17-25-16 and 17-25-27 of the General Laws in |
| LC004533 - Page 2 of 12 |
1 | Chapter 17-25 entitled "Rhode Island Campaign Contributions and Expenditures Reporting" are |
2 | hereby amended to read as follows: |
3 | 17-25-11. Dates for filing of reports by treasurers of candidates or of committees. |
4 | (a) During the period between the appointment of the campaign treasurer for state and |
5 | municipal committees and political action committees, or in the case of an individual the date on |
6 | which the individual becomes a "declared or undeclared candidate" as defined in § 17-25-3(2), |
7 | except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election |
8 | in which case the ninety-day (90) report shall be included as part of the report required to be filed |
9 | on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election |
10 | pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions |
11 | are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the |
12 | campaign treasurer of a candidate, a political party committee, or a political action committee shall |
13 | file a report containing an account of contributions received, and expenditures made, on behalf of, |
14 | or in opposition to, a candidate: |
15 | (1) At ninety-day (90) intervals commencing on the date on which the individual first |
16 | becomes a candidate, as defined in § 17-25-3(2); |
17 | (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next |
18 | preceding the day of the primary, general, or special election; provided, that in the case of a primary |
19 | election for a special election where the twenty-eighth (28th) day next preceding the day of the |
20 | primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17- |
21 | 14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the |
22 | day of the primary election for the special election; and |
23 | (3) A final report on the twenty-eighth (28th) day following the election. The report shall |
24 | contain: |
25 | (i) The name and address and place of employment of each person from whom |
26 | contributions in excess of a total of one hundred dollars ($100) within a calendar year were |
27 | received; |
28 | (ii) The amount contributed by each person; |
29 | (iii) The name and address of each person to whom expenditures in excess of one hundred |
30 | dollars ($100) were made; and |
31 | (iv) The amount and purpose of each expenditure. |
32 | (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, |
33 | or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or |
34 | political action committee, may certify to the board of elections that the campaign fund of the |
| LC004533 - Page 3 of 12 |
1 | candidate, political party committee, or political action committee having been instituted for the |
2 | purposes of the past election, has completed its business and been dissolved or, in the event that |
3 | the committee will continue its activities beyond the election, that its business regarding the past |
4 | election has been completed. The certification shall be accompanied by a final accounting of the |
5 | campaign fund, or of the transactions relating to the election, including the final disposition of any |
6 | balance remaining in the fund at the time of dissolution or the arrangements that have been made |
7 | for the discharge of any obligations remaining unpaid at the time of dissolution. |
8 | (c)(1) Once the campaign treasurer certifies that the campaign fund has completed its |
9 | business and been dissolved, no contribution that is intended to defray expenditures incurred on |
10 | behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that |
11 | the campaign treasurer certifies that the campaign fund has completed its business and been |
12 | dissolved, the treasurer shall file reports containing an account of contributions received and |
13 | expenditures made at ninety-day (90) intervals commencing with the next quarterly report |
14 | following the election; however, the time to file under this subsection shall be no later than the last |
15 | day of the month following the ninety-day (90) period, except when the last day of the month filing |
16 | deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days |
17 | before an election, in which case the report shall be filed pursuant to the provisions of subdivisions |
18 | (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or |
19 | a holiday, the report shall be due on the following business day. |
20 | (2) In addition to the reports required pursuant to this section, a candidate or office holder |
21 | shall also file with the board of elections a paper copy of the account statement from the office |
22 | holder's campaign account, which account statement shall be the next account statement issued by |
23 | their financial institution after the filing of the fourth quarterly campaign expense report. A |
24 | campaign treasurer certifying that the campaign fund has completed its business and has been |
25 | dissolved shall also file with the board of elections a paper copy of the account statement from the |
26 | candidate's or office holder's campaign account, which account statement shall be the account |
27 | statement issued by the candidate's or office holder's financial institution following the date of |
28 | dissolution. In each instance, the The account statement shall be submitted to the board within thirty |
29 | (30) days of its receipt by the candidate, officeholder, treasurer, or deputy treasurer. The account |
30 | statement shall not be deemed a public record pursuant to the provisions of chapter 2 of title 38. |
31 | The board of elections, its agents, and employees shall not publish, deliver, copy, or disclose, to |
32 | any person or entity any account statement or information contained therein for any candidate, |
33 | former candidate, officeholder, party, or political action committee. Provided, as to state and |
34 | municipal political parties, the requirements of this subsection (c)(2) shall apply to the annual report |
| LC004533 - Page 4 of 12 |
1 | required pursuant to § 17-25-7. |
2 | (d)(1) There shall be no obligation to file the reports of expenditures required by this |
3 | section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of |
4 | the candidacy by the candidate, by any political party committee, by any political action committee, |
5 | or by any person shall not in the aggregate exceed one thousand dollars ($1,000). |
6 | (2) However, even though If the aggregate amount expended on behalf of the candidacy |
7 | does not exceed one thousand dollars ($1,000), within a calendar year, reports must be made listing |
8 | the source and amounts of all contributions in excess of a total of one hundred dollars ($100) from |
9 | any one source. within a calendar year. Even though Furthermore, if the aggregate amount |
10 | expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) within a |
11 | calendar year, and no contribution from any one source within a calendar year exceeds not |
12 | exceeding one hundred dollars ($100), the report shall state the may be reported as an aggregate |
13 | amount of all such contributions received. In addition, the report shall state the amount of aggregate |
14 | contributions that were from individuals, the amount from political action committees, and the |
15 | amount from political party committees. |
16 | (e) On or before the first date for filing contribution and expenditure reports, the campaign |
17 | treasurer may file a sworn statement that the treasurer will accept no contributions in excess of one |
18 | hundred dollars ($100) within a calendar year from any one source other than the candidate or in |
19 | excess of one thousand dollars ($1,000) from the candidate for their own campaign within a |
20 | calendar year nor make aggregate expenditures in excess of the minimum amounts for which a |
21 | report is required by this chapter one thousand dollars ($1,000) within a calendar year. Thereafter, |
22 | the campaign treasurer shall be excused from filing all the reports for that campaign, other than the |
23 | final report due on the twenty-eighth (28th) day following the election. |
24 | (f) A campaign treasurer must file a report containing an account of contributions received |
25 | and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section |
26 | for any ninety-day (90) period in which the campaign received contributions in excess of a total of |
27 | one hundred dollars ($100) within a calendar year from any one source and/or made expenditures |
28 | in excess of one thousand dollars ($1,000) within a calendar year; however, the time to file under |
29 | this subsection shall be no later than the last day of the month following the ninety-day (90) period, |
30 | except when the last day of the month filing deadline following the ninety-day (90) reporting period |
31 | occurs less than twenty-eight (28) days before an election, in which case the report shall be filed |
32 | pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the |
33 | last day of the month falls on a weekend or a holiday, the report shall be due on the following |
34 | business day. |
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1 | (g)(1) The board of elections may, for good cause shown and upon the receipt of a written |
2 | or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request |
3 | must be received no later than the date upon which the report is due to be filed. |
4 | (2) Any person or entity candidate or campaign treasurer of the political action committee |
5 | or political party committee required to file reports with the board of elections pursuant to this |
6 | section and who or that has not filed the report by the required date, unless granted an extension |
7 | pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00) one |
8 | hundred dollars ($100) for each act of non-compliance in the case of a candidate and for each act |
9 | of non-compliance which occurred during their tenure in the case of a campaign treasurer of a |
10 | political action committee or political party committee, respectively. Notwithstanding any of the |
11 | provisions of this section, the board of elections shall have the authority to waive late filing fees |
12 | for good cause shown. |
13 | (3) The board of elections shall send a notice of non-compliance, by certified mail, to any |
14 | person or entity who or that fails to file the reports required by this section to the candidate or the |
15 | campaign treasurer, as applicable, within fourteen (14) days following the date on which any report |
16 | is required to be filed pursuant to this section. A person or entity who or that is sent a notice of non- |
17 | compliance and If the candidate or campaign treasurer, as applicable fails to file the required report |
18 | within seven (7) days of the receipt of the notice, they shall be fined two dollars ($2.00) ten dollars |
19 | ($10.00) per day from the day of receipt of the notice of non-compliance until the day the report |
20 | has been received by the state board, up to one thousand dollars ($1,000) in fines per report. |
21 | Notwithstanding any of the provisions of this section, the board of elections shall have the authority |
22 | to waive late filing fees for good cause shown. |
23 | 17-25-13. Penalties. |
24 | (a) Any person who willfully and knowingly violates the provisions of this chapter shall, |
25 | upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand dollars |
26 | ($1,000) per violation. |
27 | (b) The state board may fine any person or entity who violates the provisions of this chapter |
28 | in an amount not more than one hundred dollars ($100) five hundred dollars ($500) per violation. |
29 | (c) Fines, fees and penalties imposed by the state board for violations of this chapter shall |
30 | be paid for by the candidate, officeholder or entity against whose campaign the fines, fees or |
31 | penalties have been levied. Fines, fees and penalties levied by the state board pursuant to this |
32 | chapter shall not be paid for from contributions or funds available in a campaign account. |
33 | (d) There is hereby created within the general fund a restricted receipt account to be known |
34 | as the "board of elections' fines and penalties account." All fines, penalties, and judgements |
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1 | collected by the board of elections shall be deposited into this account and funds shall be used to |
2 | support the board's auditing, compliance, and enforcement activities. |
3 | 17-25-16. Enjoining of illegal acts -- Forfeiture of contributions. |
4 | (a) In addition to any and all other rights and remedies that may exist at law, including, but |
5 | not limited to § 11-41-31.1, whenever Whenever the board of elections has reason to believe that a |
6 | candidate, political party committee, or political action committee, or the campaign treasurer or |
7 | deputy campaign treasurer of the candidate or committee, has accepted a contribution or made an |
8 | expenditure in violation of the provisions of this chapter, or willfully and knowingly has made a |
9 | false statement in any of the reports required under this chapter or failed to file any report, or has |
10 | otherwise violated this chapter, the board may, in addition to all other actions authorized by law, |
11 | request the attorney general to bring an action in the name of the state of Rhode Island in the |
12 | superior court against the person and/or committee to enjoin them from continuing the violation, |
13 | or doing any acts in furtherance of the violation, and for any other relief that the court deems |
14 | appropriate. In addition, the court may order the forfeiture of any or all contributions accepted in |
15 | violation of and/or not reported as required by this chapter. All contributions so forfeited shall |
16 | become the property of the state. |
17 | (b) The court shall also impose a civil penalty not exceeding three (3) times the amount of: |
18 | (1) Contributions made or accepted in violation of this chapter; |
19 | (2) Expenditures made in violation of this chapter; and/or |
20 | (3) Contributions or expenditures not reported as required by this chapter. |
21 | (c) All funds collected pursuant to this section shall be deposited in the fund established |
22 | for the public financing of the electoral system pursuant to this chapter. |
23 | 17-25-27. Post-audit of accounts -- Publication. |
24 | (a) The board may conduct a post-audit of all accounts and transactions for any election |
25 | cycle and may conduct any other special audits and post-audits that it may deem necessary. The |
26 | board shall publish a summary of the reports filed by candidates for general office pursuant to the |
27 | public financing provision of this chapter on or before April 1 of the year following any year in |
28 | which elections are held for statewide elective office. |
29 | (b) No later than January 1, 2020, the board shall select a statistically random sample of at |
30 | least twelve and one-half percent (12.5%) of candidates for general office, who raised or expended |
31 | more than ten thousand dollars ($10,000) in either year of the 2018 election cycle, at least twelve |
32 | and one-half percent (12.5%) of other candidates who raised or expended more than ten thousand |
33 | dollars ($10,000) in either year of the 2018 election cycle, and at least twelve and one-half percent |
34 | (12.5%) of political action committees which raised or expended more than ten thousand dollars |
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1 | ($10,000) in either year of the 2018 election cycle. The board shall conduct a post-audit of each |
2 | selected candidate and political action committee by December 31, 2021. In conducting such a |
3 | post-audit, the board shall review at least two (2) years of records for each candidate and political |
4 | action committee that has been active for at least two (2) years. |
5 | (c) Beginning in January 2022 and in the January of each odd numbered year thereafter, |
6 | the board shall select a statistically random sample of at least twenty-five percent (25%) of |
7 | candidates for general office, who raised or expended more than ten thousand dollars ($10,000) in |
8 | either year of the previous election cycle, at least twenty-five percent (25%) of other candidates |
9 | who raised or expended more than ten thousand dollars ($10,000) in either year of the 2018 election |
10 | cycle, and at least twenty-five percent (25%) of political action committees which raised or |
11 | expended more than ten thousand dollars ($10,000) in either year of the previous election cycle. |
12 | The board shall conduct a post-audit of each selected candidate and political action committee, by |
13 | the end of the following even numbered year. In conducting such a post-audit, the board shall |
14 | review at least two (2) years of records for each candidate and political action committee that has |
15 | been active for at least two (2) years. |
16 | SECTION 3. Section 17-25.2-5 of the General Laws in Chapter 17-25.2 entitled "Ballot |
17 | Question Advocacy and Reporting" is hereby amended to read as follows: |
18 | 17-25.2-5. Reporting by ballot question advocates. |
19 | (a) Every ballot-question advocate shall file periodic reports signed by an individual |
20 | responsible for its contents on a form prescribed by the board of elections setting forth the name |
21 | and address of the ballot-question advocate, including any other name under which the ballot- |
22 | question advocate conducts ballot-question advocacy, the name and address of the person filing the |
23 | report; and |
24 | (1) The name, address and, if applicable, the place of employment of each person making |
25 | a contribution or contributions that in the aggregate exceed one thousand-eight hundred dollars |
26 | ($1,800) per election cycle to a ballot-question advocate for purposes of ballot question advocacy |
27 | and the amount contributed by each person or source; provided, however, this information shall be |
28 | reported only if: |
29 | (i) The contributions received by a ballot-question advocate are solicited in any way, |
30 | including by written, electronic, or verbal means, by the ballot-question advocate specifically for |
31 | ballot-question advocacy; or |
32 | (ii) The contributions were specifically designated by the contributor for ballot-question |
33 | advocacy; or |
34 | (iii) The ballot question advocate knew or had reason to know that the contributor intended |
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1 | or expected that the majority of the contributions be used for ballot question advocacy; and |
2 | (2) The name and address of every person or entity receiving an expenditure for ballot- |
3 | question advocacy, which in the aggregate exceeds one hundred dollars ($100), the amount of each |
4 | expenditure for ballot-question advocacy, and the total amount of expenditures for ballot-question |
5 | advocacy made by the ballot-question advocate as of the last report date; and |
6 | (3) A statement of the position of the ballot-question advocate in support of or opposition |
7 | to the ballot-question; and |
8 | (4) The names and addresses of all identified members or endorsing organizations, |
9 | corporations, and/or associations that authorize the ballot-question advocate to represent to the |
10 | public that they support the positions of the ballot-question advocate; and |
11 | (5) The name and address of at least one of the officers of the ballot question advocate, if |
12 | any, or one individual that is responsible for the ballot question advocate's compliance with the |
13 | provisions of this chapter. |
14 | (b) The first report must be filed by a ballot-question advocate for the period beginning |
15 | when the ballot-question advocate expends a cumulative total that exceeds one thousand dollars |
16 | ($1,000) for ballot-question advocacy and ending the last day of the first full month following such |
17 | date, to be filed with the board of elections due no later than seven (7) days after the end of the |
18 | month. A ballot-question advocate must thereafter file calendar month reports with the board of |
19 | elections due no later than seven (7) days after the end of the month; provided, that in lieu of filing |
20 | for the last full calendar month preceding the ballot question election, a report must be filed due no |
21 | later than seven (7) days before the election. |
22 | (c) A ballot-question advocate must file a final report of contributions received and |
23 | expenditures made for ballot-question advocacy no later than thirty (30) days after the election for |
24 | the ballot question is held subject to the provisions of § 17-25.2-6. All reports filed with the board |
25 | of elections must be received no later than 4:00 p.m. on the due date. |
26 | (d)(1) The board of elections may, for good cause shown and upon receipt of a written or |
27 | electronic request, grant a seven (7) day extension for filing a report; provided, however, that the |
28 | request must be received no later than the date and time upon which the report is due to be filed, |
29 | and further if the election for the ballot question is to be held less than seven (7) days from the |
30 | report due date and time, the report must be filed prior to the election date. |
31 | (2) Any ballot-question advocate required to file reports with the board of elections |
32 | pursuant to this section and who has not filed the report by the required date and time, unless |
33 | granted an extension by the board, shall be fined twenty-five dollars ($25.00) one hundred dollars |
34 | ($100). |
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1 | (3) The board of elections shall send a notice of noncompliance, by certified mail, to the |
2 | ballot-question advocate who fails to file the reports required by this section. A ballot-question |
3 | advocate that has been sent a notice of noncompliance and fails to file the required report within |
4 | seven (7) days of the receipt of the notice shall be fined two dollars ($2.00) ten dollars ($10.00) per |
5 | day from the date of the receipt of the notice of noncompliance until the day the report is received |
6 | by the board of elections; provided that, no fine for any one late report shall exceed one thousand |
7 | dollars ($1,000). Notwithstanding any of the provisions of this section, the board of election shall |
8 | have the authority to waive late filing fees for good cause shown. |
9 | SECTION 4. Chapter 17-14 of the General Laws entitled "Nomination of Party and |
10 | Independent Candidates" is hereby amended by adding thereto the following sections: |
11 | 17-14-18. Campaign reporting. |
12 | A person shall be disqualified as a candidate for elective office if that person has, as of the |
13 | date of filing of a declaration of candidacy pursuant to chapter 14 of this title, or as of the date on |
14 | which an irregular, or "write-in," ballot for such person is cast pursuant to § 17-19-31, whichever |
15 | is applicable, any reports due on or after July 1, 2019, to the state board of elections pursuant to |
16 | chapter 25 of this title that are more than thirty (30) days overdue. |
17 | 17-14-19. Payments. |
18 | A person shall be disqualified as a candidate for elective office if the person has, as of the |
19 | date of filing a declaration of candidacy pursuant to chapter 14 of this title, or as of the date on |
20 | which an irregular, or "write-in," ballot for such person is cast pursuant to § 17-19-31, whichever |
21 | is applicable, any unpaid fines, fees, or penalties assessed on or after July 1, 2019, by the state |
22 | board of elections pursuant to its authority granted under chapter 7 or 25 of this title that are overdue |
23 | by more than thirty (30) days; provided, however, that any fines, fees, or penalties that are subject |
24 | to payment plans as agreed with the state board of elections, or being appealed pending |
25 | determination by the state board of elections or a court of competent jurisdiction, or for which the |
26 | time to appeal to the state board of elections or a court of competent jurisdiction has not expired |
27 | shall not be considered overdue for purposes of this section. |
28 | SECTION 5. Chapter 11-41 of the General Laws entitled "Theft, Embezzlement, False |
29 | Pretenses, and Misappropriation" is hereby amended by adding thereto the following section: |
30 | 11-41-31.1. Forfeiture of campaign contributions. |
31 | (a) For purposes of this section: |
32 | (1) "Candidate," "contributions," "person," "public office," and "state" shall have the same |
33 | meanings provided to them respectively, in § 17-25-3. |
34 | (2) "Convicted of any specified crime" means being convicted of any specified crime, as |
| LC004533 - Page 10 of 12 |
1 | defined in this section, in this state or being convicted under the laws in any other state or the United |
2 | States of America, of a crime which, if committed in this state, would be considered a specified |
3 | crime, and for which the person has not received a pardon, from the governor of this state, the |
4 | governor or other officer authorized to grant pardons in another state, or the president of the United |
5 | States of America. |
6 | (3) "Pleads guilty or nolo contendere" does not include any plea of nolo contendere which |
7 | does not constitute a conviction under §§ 12-10-12 or 12-18-3. |
8 | (4) "Specified crime" means any felony involving the accepting or giving, or offering to |
9 | give, any bribe relating to a public office, the embezzlement of campaign contributions or public |
10 | money, extortion or theft of campaign contributions or public money, or conspiracy to commit any |
11 | of the above. |
12 | (b) Notwithstanding any law to the contrary, if any candidate or former candidate is |
13 | convicted of, or pleads guilty or nolo contendere to, any specified crime, the judge, as part of any |
14 | sentence imposed, may order the forfeiture of any or all campaign contributions of the candidate |
15 | or former candidate to pay campaign debts and expenses already incurred, return donations to |
16 | contributors, donate to the general fund of this state, or a combination of the above. |
17 | (c) In determining whether campaign funds shall be forfeited, the court shall consider and |
18 | make an express finding on the following factors: |
19 | (1) The severity of the specified crime of which the candidate or former candidate has been |
20 | convicted or to which the candidate or former candidate has pleaded guilty or nolo contendere; |
21 | (2) The amount of monetary loss suffered by any person as a result of the underlying |
22 | specified crime; and |
23 | (3) Any other factors that, in the judgment of the court, justice may require. |
24 | SECTION 6. 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 -- CAMPAIGN FINANCE -- FORFEITURE OF | |
CONTRIBUTIONS | |
*** | |
1 | This act creates a statutory scheme to better enforce campaign finance reporting laws by |
2 | expanding the possible penalties for late or non-compliance. It would promote audits and authorize |
3 | the forfeiture of campaign funds for criminal convictions for the embezzlement of campaign funds |
4 | or other campaign finance violations. |
5 | This act would take effect upon passage. |
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