2020 -- S 2699 | |
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LC004921 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS - RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND | |
EXPENDITURES REGULATORY | |
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Introduced By: Senators Sheehan, Crowley, Quezada, Picard, and Nesselbush | |
Date Introduced: February 27, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-25-3, 17-25-18, 17-25-19, 17-25-20 and 17-25-22 of the General |
2 | Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions and Expenditures |
3 | Reporting" are hereby amended to read as follows: |
4 | 17-25-3. Definitions. |
5 | As used in this chapter, unless a different meaning clearly appears from the context: |
6 | (1) "Business entity" means any corporation, whether for profit or not for profit, domestic |
7 | corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, |
8 | association, receivership, trust, holding company, firm, joint stock company, public utility, sole |
9 | proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the |
10 | United States and/or the state of Rhode Island for the purpose of doing business. The term "business |
11 | entity" shall not include a political action committee organized pursuant to this chapter or a political |
12 | party committee or an authorized campaign committee of a candidate or office holder. The term |
13 | "business entity" shall not include any exempt nonprofit as defined herein or any organization |
14 | described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding |
15 | internal revenue code of the United States, as amended from time to time, for the purposes of |
16 | chapter 25.3 of title 17. |
17 | (2) "Candidate" means any individual who undertakes any action, whether preliminary or |
18 | final, which is necessary under the law to qualify for nomination for election or election to public |
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1 | office, and/or any individual who receives a contribution or makes an expenditure, or gives his or |
2 | her consent for any other person to receive a contribution or make an expenditure, with a view to |
3 | bringing about his or her nomination or election to any public office, whether or not the specific |
4 | public office for which he or she will seek nomination or election is known at the time the |
5 | contribution is received or the expenditure is made and whether or not he or she has announced his |
6 | or her candidacy or filed a declaration of candidacy at that time. |
7 | (3) "Conduit" or "intermediary" means any person who receives and forwards an |
8 | earmarked contribution to a candidate or a candidate's authorized committee, except as otherwise |
9 | limited in this chapter. |
10 | (4) "Contributions" and "expenditures" include all transfers of money, credit or debit card |
11 | transactions, on-line or electronic payment systems such as "pay pal", paid personal services, or |
12 | other thing of value to or by any candidate, committee of a political party, or political action |
13 | committee or ballot question advocate. A loan shall be considered a contribution of money until it |
14 | is repaid. |
15 | (5) "Earmarked" means a designation, instruction, or encumbrance, whether direct or |
16 | indirect, express or implied, oral or written, that results in all or any part of a contribution or |
17 | expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate's |
18 | authorized committee. |
19 | (6) "Election" means any primary, general, or special election or town meeting for any |
20 | public office of the state, municipality, or district, or for the determination of any question |
21 | submitted to the voters of the state, municipality, or district. |
22 | (7) "Election cycle" means the twenty-four month (24) period commencing on January 1 |
23 | of odd number years and ending on December 31 of even number years; provided, with respect to |
24 | the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and |
25 | 17-25-25, "election cycle" means the forty-eight month (48) period commencing on January 1 of |
26 | odd numbered years and ending December 31 of even numbered years. |
27 | (8) "Eligible office" means general office or legislative office. |
28 | (8)(9) "In-kind contributions" means the monetary value of other things of value or paid |
29 | personal services donated to, or benefiting, any person required to file reports with the board of |
30 | elections. |
31 | (9)(10) "Other thing of value" means any item of tangible real or personal property of a |
32 | fair-market value in excess of one hundred dollars ($100). |
33 | (10)(11) "Paid personal services" means personal services of every kind and nature, the |
34 | cost or consideration for which is paid or provided by someone other than the committee or |
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1 | candidate for whom the services are rendered, but shall not include personal services provided |
2 | without compensation by persons volunteering their time. |
3 | (11)(12) "Person" means an individual, partnership, committee, association, corporation, |
4 | union, charity, and/or any other organization. The term "person" shall not include any exempt |
5 | nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue |
6 | Code of 1986, or any subsequent corresponding internal revenue code of the United States, as |
7 | amended from time to time, for the purposes of chapter 25.3 of title 17 only. |
8 | (12)(13) "Political action committee" means any group of two (2) or more persons that |
9 | accepts any contributions to be used for advocating the election or defeat of any candidate or |
10 | candidates. Only political action committees that have accepted contributions from fifteen (15) or |
11 | more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted |
12 | to make contributions, and those committees must make contributions to at least five (5) candidates |
13 | for state or local office within an election cycle. |
14 | (13)(14) "Public office" means any state, municipal, school, or district office or other |
15 | position that is filled by popular election, except political party offices. "Political party offices" |
16 | means any state, city, town, ward, or representative or senatorial district committee office of a |
17 | political party or delegate to a political party convention, or any similar office. |
18 | (15) "Qualified candidate" means a natural person who is certified by the board of elections |
19 | to receive voucher funds under § 17-25-20.1. |
20 | (16) "Qualifying contribution" means a monetary contribution, excluding a loan, in an |
21 | aggregate amount greater than or equal to twenty-five dollars ($25.00) and less than the |
22 | contribution limit specified under § 17-25-19.1 made by a natural person who is a resident of the |
23 | state and is not prohibited from making a contribution under 52 U.S.C. § 30121. |
24 | (14)(17) "State" means state of Rhode Island. |
25 | (15)(18) "Testimonial affair" means an affair of any kind or nature including, but not |
26 | limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs |
27 | expressly and directly intended to raise campaign funds in behalf of a candidate to be used for |
28 | nomination or election to a public office in this state, or expressly and directly intended to raise |
29 | funds in behalf of any state or municipal committee of a political party, or expressly and directly |
30 | intended to raise funds in behalf of any political action committee. |
31 | (19) "Voucher-eligible resident" means a natural person who satisfied all of the following |
32 | conditions: |
33 | (i) Is at least eighteen (18) years old; |
34 | (ii) Currently resides in the state and has resided in the state for more than thirty (30) days; |
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1 | (iii) Is legally eligible to vote for the candidate to whom a voucher is assigned; and |
2 | (iv) Is not prohibited from making a contribution under 52 U.S.C. § 30121. |
3 | (16)(20) "Electioneering communication" means any print, broadcast, cable, satellite, or |
4 | electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, |
5 | authorized candidate campaign committee, or political party committee and that unambiguously |
6 | identifies a candidate or referendum and is made either within sixty (60) days before a general or |
7 | special election or town meeting for the office sought by the candidate or referendum; or thirty (30) |
8 | days before a primary election, for the office sought by the candidate; and is targeted to the relevant |
9 | electorate. |
10 | (i) A communication that refers to a clearly identified candidate or referendum is "targeted |
11 | to the relevant electorate" if the communication can be received by two thousand (2,000) or more |
12 | persons in the district the candidate seeks to represent or the constituency voting on the referendum. |
13 | (ii) Exceptions: The term "electioneering communication" does not include: |
14 | (A) A communication appearing in a news story, commentary, or editorial distributed |
15 | through the facilities of any broadcasting station, unless such facilities are owned or controlled by |
16 | any political party, political committee, or candidate; |
17 | (B) A communication that constitutes a candidate debate or forum conducted pursuant to |
18 | regulations adopted by the board of elections or that solely promotes such a debate or forum and is |
19 | made by or on behalf of the person sponsoring the debate or forum; |
20 | (C) A communication made by any business entity to its members, owners, stockholders, |
21 | or employees; |
22 | (D) A communication over the internet, except for (I) Communications placed for a fee on |
23 | the website of another person, business entity, or political action committee; and (II) Websites |
24 | formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election |
25 | or defeat of a clearly identified candidate or the passage or defeat of a referendum; or |
26 | (E) Any other communication exempted under such regulations as the board of elections |
27 | may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate |
28 | implementation of this paragraph. |
29 | (17)(21) "Independent expenditure" means an expenditure that, when taken as a whole, |
30 | expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat |
31 | of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no |
32 | way coordinated, as set forth in § 17-25-23, with any candidate's campaign, authorized candidate |
33 | committee, or political party committee. An expenditure amounts to the functional equivalent of |
34 | express advocacy if it can only be interpreted by a reasonable person as advocating the election, |
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1 | passage, or defeat of a candidate or referendum, taking into account whether the communication |
2 | mentions a candidate or referendum and takes a position on a candidate's character, qualifications, |
3 | or fitness for office. An independent expenditure is not a contribution to that candidate or |
4 | committee. |
5 | (i) Exceptions: The term "independent expenditure" does not include: |
6 | (A) A communication appearing in a news story, commentary, or editorial distributed |
7 | through the facilities of any broadcasting station, unless such facilities are owned or controlled by |
8 | any political party, political committee, or candidate; |
9 | (B) A communication that constitutes a candidate debate or forum conducted pursuant to |
10 | regulations adopted by the board of elections or that solely promotes such a debate or forum and is |
11 | made by or on behalf of the person sponsoring the debate or forum; |
12 | (C) A communication made by any business entity to its members, owners, stockholders, |
13 | or employees; |
14 | (D) A communication over the internet, except for (I) Communications placed for a fee on |
15 | the website of another person, business entity, or political action committee; and (II) Websites |
16 | formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election |
17 | or defeat of a clearly identified candidate or the passage or defeat of a referendum; or |
18 | (E) Any other communication exempted under such regulations as the board of elections |
19 | may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate |
20 | implementation of this paragraph. |
21 | (18)(22) "Covered transfer" means any transfer or payment of funds by any person, |
22 | business entity, or political action committee to another person, business entity, or political action |
23 | committee if the person, business entity, or political action committee making the transfer: (i) |
24 | Designates, requests, or suggests that the amounts be used for independent expenditures or |
25 | electioneering communications or making a transfer to another person for the purpose of making |
26 | or paying for such independent expenditures or electioneering communications; (ii) Made such |
27 | transfer or payment in response to a solicitation or other request for a transfer or payment for the |
28 | making of or paying for independent expenditures or electioneering communications or making a |
29 | transfer to another person for the purpose of making or paying for such independent expenditures |
30 | or electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or |
31 | payment regarding independent expenditures or electioneering communications or making a |
32 | transfer to another person for the purpose of making or paying for such independent expenditures |
33 | or electioneering communications; or (iv) Made independent expenditures or electioneering |
34 | communications in an aggregate amount of five thousand dollars ($5,000) or more during the two- |
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1 | year (2) period ending on the date of the transfer or payment, or knew or had reason to know that |
2 | the person receiving the transfer or payment made such independent expenditures or electioneering |
3 | communications in such an aggregate amount during that two-year (2) period. |
4 | (A) Exceptions: The term "covered transfer" does not include: |
5 | (I) A transfer or payment made by a person, business entity, or political action committee |
6 | in the ordinary course of any trade or business conducted by the person, business entity, or political |
7 | action committee or in the form of investments made by the person, business entity, or political |
8 | action committee; or |
9 | (II) A transfer or payment made by a person, business entity, or political action committee |
10 | if the person, business entity, or political action committee making the transfer prohibited, in |
11 | writing, the use of such transfer or payment for independent expenditures, electioneering |
12 | communications, or covered transfers and the recipient of the transfer or payment agreed to follow |
13 | the prohibition and deposited the transfer or payment in an account that is segregated from any |
14 | account used to make independent expenditures, electioneering communications, or covered |
15 | transfers. |
16 | (19)(23) For the purposes of chapter 25.3 of title 17, "donation" means all transfers of |
17 | money, credit or debit card transactions, on-line or electronic payment systems such as "pay pal", |
18 | paid personal services, or other thing of value to or by any person, business entity, or political |
19 | action committee. A loan shall be considered a donation of money until it is repaid. |
20 | (20)(24) For the purposes of chapter 25.3 of title 17, "donor" means a person, business |
21 | entity, or political action committee that makes a donation. |
22 | (21)(25) "Exempt nonprofit" means any organization described in § 501(c)(4) of the |
23 | Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) |
24 | of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on |
25 | independent expenditures, electioneering communications, and covered transfers as defined herein |
26 | and certifies the same to the board of elections seven (7) days before and after a primary election |
27 | and seven (7) days before and after a general or special election. |
28 | (22)(26) For purposes of chapter 25.3 of title 17, "referendum" means the same as the |
29 | definition set forth in § 17-5-1. |
30 | 17-25-18. Public financing of election campaigns -- General purpose. |
31 | Whereas, the general assembly finds that the cost of running for statewide office has risen |
32 | over the last decade at a rate far in excess of the increase in the cost of living; and |
33 | Whereas, the general assembly finds that the need to raise ever larger sums of money to |
34 | effectively compete for general and legislative office threatens the essence of our democratic |
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1 | system by excluding many well qualified candidates; and |
2 | Whereas, the general assembly finds that the candidate's need to raise large sums of money |
3 | can result in disproportionate and inappropriate influence being obtained by those who possess the |
4 | financial ability to make large contributions to campaigns; and |
5 | Whereas, the general assembly finds that the state cannot impose limitations on the amount |
6 | of private funds raised and expended for election purposes by a candidate unless it provides for at |
7 | least partial public financing of campaigns; |
8 | Therefore, the general assembly determines that it is in the best interest of the citizens of |
9 | the state to provide public financing to qualified candidates for general and legislative office. |
10 | 17-25-19. Public financing of election campaigns -- Outlined. |
11 | (a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available |
12 | under the terms and conditions of this section and §§ 17-25-20 -- 17-25-27 to qualifying candidates |
13 | for general and legislative office who agree to abide by a limitation on the total amount of campaign |
14 | contributions received and expenditures made for election purposes. |
15 | (b) Candidates for general office shall be eligible to receive two dollars ($2.00) of public |
16 | funds for each qualified dollar ($1.00) of private funds contributed which do not exceed an |
17 | aggregate of five hundred dollars ($500) from a single source within an election cycle and one |
18 | dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds contributed which |
19 | exceed an aggregate of five hundred dollars ($500) from a single source within an election cycle |
20 | but do not exceed the limitations on aggregate contributions which are eligible to be matched set |
21 | in subdivision 17-25-20(3), subject to the provisions of subdivision 17-25-20(2). The total amount |
22 | of public matching funds provided to a candidate shall not exceed seven hundred fifty thousand |
23 | dollars ($750,000) in matching funds for a total of one million five hundred thousand dollars |
24 | ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five hundred |
25 | dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand dollars |
26 | ($375,000) for candidates for other general offices. |
27 | (c) In order to be eligible for matching public funds, each candidate at the time he or she |
28 | becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last |
29 | day for filing declarations of candidacy for general office, must sign a statement under oath |
30 | pledging to comply with the limitations on campaign contributions and expenditures and with all |
31 | of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement |
32 | with his or her declaration for office shall be ineligible to receive matching public funds. |
33 | (d) Subject to the terms and conditions of this chapter, candidates for general office and |
34 | legislative office shall be eligible to receive voucher funds in an amount equal to five hundred |
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1 | thousand dollars ($500,000) for candidates for governor, three hundred thousand dollars ($300,000) |
2 | for candidates for other general office, and fifty thousand dollars ($50,000) for candidates for |
3 | legislative office. |
4 | 17-25-20. Eligibility criteria for matching public funds. |
5 | In order to receive matching public funds under § 17-25-19, a qualifying candidate must |
6 | comply with the following requirements: |
7 | (1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging |
8 | to comply with the limitations on contributions and expenditures for election purposes and with all |
9 | the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for |
10 | general office shall be bound to abide by the limitations on contributions and expenditures set forth |
11 | in this chapter and may not withdraw from his or her obligation to abide by these restrictions terms |
12 | and conditions. |
13 | (2)(i) Subject to the provisions of paragraph (ii) of this subdivision, no participating |
14 | candidate for governor shall either receive or expend for election purposes more than a total of |
15 | public matching and private funds in the sum of one million five hundred thousand dollars |
16 | ($1,500,000) in an election cycle. No participating candidate for general office other than governor |
17 | shall receive or expend for election purposes more than a total of public and private matching funds |
18 | in the sum of three hundred seventy-five thousand dollars ($375,000) five hundred thousand dollars |
19 | ($500,000) in an election cycle. |
20 | (ii) The limitations on contributions received from private sources, matching funds |
21 | available from the state, and total permitted expenditures shall apply in the 1994 general election |
22 | and, subject to appropriations by the general assembly, shall increase by a percentage to be |
23 | determined by the board of elections in January of each year in which a general election involving |
24 | general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in |
25 | the consumer price index since the month in which the previous general election involving general |
26 | was held. |
27 | (3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary |
28 | contributions from a single private source within an election cycle shall be eligible for matching |
29 | public funds for candidates for governor; provided, that the entire amount contributed shall be |
30 | considered toward the dollar limits provided in subdivision (2) of this section. |
31 | (ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary |
32 | contributions from a single private source within an election cycle shall be eligible for matching |
33 | public funds for candidates for lieutenant governor, secretary of state, attorney general, and general |
34 | treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits |
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1 | provided for in subdivision (2) of this section. |
2 | (iii) Any private funds lawfully contributed during the current election cycle shall be |
3 | eligible for matching public funds subject to the terms and conditions of this section, and private |
4 | funds donated during a preceding election cycle shall not be eligible for matching public funds. |
5 | (4) The direct costs incurred in connection with raising campaign funds on behalf of a |
6 | candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures |
7 | set forth in subdivision (2) of this section. Direct costs shall include costs of printing and mailing |
8 | invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, |
9 | and travel to those events, but shall not include any portion of the salary or wages of campaign |
10 | employees, nor the cost of any radio, television, computer/Internet/electronic device, or printed |
11 | advertisement. The cost of a fundraising event must be less than the amount of money realized from |
12 | the gross proceeds generated by the fundraising event in order to qualify for this exclusion. |
13 | (5) If a candidate who has accepted public funds makes expenditures in excess of the |
14 | permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an |
15 | amount equal to three (3) times the amount of excess funds expended. In addition, the candidate |
16 | shall be ineligible for further participation in the public financing program during the same election |
17 | cycle. |
18 | (6) In order to receive payments under this section, any candidate for general office shall |
19 | first meet the following additional minimum requirements: |
20 | (i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the |
21 | total amount eligible to be matched for election as to the office sought; |
22 | (ii) Receive private contributions from a minimum of two hundred fifty (250) individuals |
23 | contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive |
24 | private contributions from a minimum of one hundred (100) individuals contributing at least |
25 | twenty- five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, |
26 | attorney general and general treasurer; and |
27 | (iii) Comply with any and all applicable nomination provisions in this title and qualify for |
28 | the general election ballot pursuant to the process set forth in this title. |
29 | (7) No public funds received by any candidate pursuant to §§ 17-25-19 -- 17-25-27 of this |
30 | chapter and no private funds used to qualify for the public funds shall be expended by the candidate |
31 | for any purpose except to pay reasonable and necessary expenses directly related to the candidate's |
32 | campaign. |
33 | (8) No public funds shall be expended by the candidate, except for one or more of the |
34 | following uses directly related to the campaign of the candidate: |
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1 | (i) Purchase of time on radio or television stations; provided, however, the content of all |
2 | television time shall include captioning for the deaf and hard of hearing and the content of all radio |
3 | time must be available in a written or text format at the time of request; |
4 | (ii) Purchase of rental space on outdoor signs or billboards; |
5 | (iii) Purchase of advertising space on the computer/Internet/electronic device and in |
6 | newspapers and regularly published magazines and periodicals; |
7 | (iv) Payment of the cost of producing the material aired or displayed on radio, television, |
8 | outdoor signs or billboards, and computer/Internet/electronic device and in newspapers, regularly |
9 | published magazines, and periodicals; |
10 | (v) Payment of the cost of printing and mailing campaign literature and brochures; |
11 | (vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign |
12 | paraphernalia; |
13 | (vii) Payment of the cost of legal and accounting expenses incurred in complying with the |
14 | public financing law and regulations as required by this chapter; |
15 | (viii) Payment of the cost of telephone deposits, installation charges, and monthly billings |
16 | in excess of deposits; |
17 | (ix) Payment of the costs of public opinion polls and surveys; and |
18 | (x) Payment of rent, utilities and associated expenses connected with the operation of an |
19 | election headquarters or satellite election offices. |
20 | (9) Contributions received and expended by any candidate for the purpose of defraying any |
21 | expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in |
22 | furtherance of his or her candidacy in a previous election cycle, as defined in subdivision 17-25- |
23 | 3(7), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 -- 17- |
24 | 25-27. |
25 | (10) No candidate who has elected to receive public funds shall contribute to or loan to his |
26 | or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is |
27 | permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21 fifty |
28 | thousand dollars ($50,000) for candidates for governor and twenty-five thousand dollars ($25,000) |
29 | for candidates for general office other than governor. |
30 | 17-25-22. Time period for payment of public funds. Time period for payment of |
31 | matching public funds. |
32 | (a) No matching public funds shall be dispersed to candidates until after the date of the |
33 | primary election. In order to receive matching public funds, the candidate must be a candidate for |
34 | general office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate |
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1 | must submit to the board of elections proof of receipt of qualifying private contributions and |
2 | supporting documentation as required by the board. The board of elections shall, within five (5) |
3 | business days of the receipt of the request for payment of matching funds, either pay over funds to |
4 | the candidate or disallow all or a portion of the request and state in writing the reasons for the |
5 | disallowance. |
6 | (b) A candidate may submit supplemental applications for matching public funds until the |
7 | time that the permitted limits are reached. |
8 | SECTION 2. Chapter 17-25 of the General Laws entitled "Rhode Island Campaign |
9 | Contributions and Expenditures Reporting" is hereby amended by adding thereto the following |
10 | section: |
11 | 17-25-19.1. Voucher program - distribution - assignment - funds. |
12 | (1) Except as provided in subsections (2) and (3) of this section, one hundred twenty (120) |
13 | days prior to the first day of the month in which a primary election occurs, the board of elections |
14 | shall mail no fewer than two (2) vouchers to each voucher-eligible resident who is registered to |
15 | vote one hundred fifty (150) days prior to the first day of the month in which the primary election |
16 | occurs. |
17 | (2) The board of elections shall email the vouchers under subsection (1) of this section to |
18 | a voucher-eligible resident if the voucher-eligible resident does all of the following: |
19 | (i) Indicates on a form developed by the board that the voucher-eligible resident wants to |
20 | receive the vouchers by email; and |
21 | (ii) Provides the board a valid email address. |
22 | (3) If the election is a special election primary under § 17-15-3, the board shall determine |
23 | the specific date on which to distribute vouchers under subsection (1) of this section prior to the |
24 | date of the special election primary. |
25 | (4) A natural person who does not receive vouchers under subsection (1) of this section |
26 | may request vouchers from the board of elections. The board shall provide the person the same |
27 | number of vouchers provided under subsection (1) of this section after the board verifies that the |
28 | person is a voucher-eligible resident. |
29 | (5)(i) A voucher-eligible resident may apply to the board of elections to replace a voucher |
30 | if the voucher-eligible resident provides a statement on a form developed by the board that the |
31 | voucher is lost or stolen. |
32 | (ii) The board shall develop a procedure to determine whether to issue the voucher-eligible |
33 | resident a replacement voucher. |
34 | (iii) If the board determines a voucher is lost or stolen the board shall cancel the voucher. |
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1 | (6) To assign a voucher to a qualified candidate as provided under subsection (7)(ii) |
2 | through (iv) of this section, the voucher-eligible resident shall do all of the following: |
3 | (i) Write the name of a qualified candidate on the voucher. |
4 | (ii) Sign and date the voucher. |
5 | (7) A voucher-eligible resident may assign a voucher by doing any of the following: |
6 | (i) Assigning the voucher on a secure website created by the board of elections for the |
7 | purpose of assigning a voucher; |
8 | (ii) Delivering the voucher to the board of elections; |
9 | (iii) Delivering the voucher to a candidate or a representative of the candidate that is |
10 | registered with the board for the purpose of receiving a voucher; or |
11 | (iv) Mailing the voucher to the board. A voucher shall be assigned if it is postmarked no |
12 | later than thirty (30) days after the day of the general election. |
13 | (8) A voucher-eligible resident may not do any of the following: |
14 | (i) Change the assignment of a voucher after the voucher-eligible resident assigns the |
15 | voucher; |
16 | (ii) Assign a voucher by proxy, power of attorney, or agent; |
17 | (iii) Assign a voucher in a manner other than as provided under subsection (7) of this |
18 | section; or |
19 | (iv) Assign a voucher later than thirty (30) days after the day of the general election. |
20 | (9) The board of elections shall distribute voucher funds to a qualified candidate if the |
21 | board verifies all of the following: |
22 | (i) The candidate to whom the voucher is assigned is a qualified candidate at the time the |
23 | board distributes the voucher funds; |
24 | (ii) The voucher is assigned by a voucher-eligible resident; |
25 | (iii) The voucher contains the voucher-eligible resident’s signature; and |
26 | (iv) The candidate to whom the voucher is assigned has not exceeded voucher funds limit |
27 | specified under subsection (10) of this section at the time the board distributes the voucher funds. |
28 | (10) Subject to subsection (11) of this section, the board of elections may not distribute to |
29 | a qualified candidate more than the following voucher fund amounts: |
30 | (i) Two hundred-fifty thousand dollars ($250,000) for the primary election and five |
31 | hundred thousand dollars ($500,000) for the primary and general elections combined for a |
32 | candidate for governor; |
33 | (ii) One hundred-fifty thousand dollars ($150,000) for the primary election and three |
34 | hundred thousand dollars ($300,000) for the primary and general elections combined for a |
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1 | candidate for general office other than governor; and |
2 | (iii) Twenty-five thousand dollars ($25,000) for the primary election and fifty thousand |
3 | dollars ($50,000) for the primary and general elections combined for a candidate for legislative |
4 | office. |
5 | (11) The board of elections shall adjust the amounts specified under subsection (10) of this |
6 | section for inflation, as determined by the board, no later than six (6) months prior to the primary |
7 | election for each eligible office. The board shall determine the adjustment for inflation using the |
8 | consumer price index for urban consumers, as published by the U.S. Department of Labor. |
9 | (12) Subject to subsection (13) of this section, the board of elections shall determine and |
10 | publish in its timeline with all dates on which the board distributes voucher funds. |
11 | (13)(i) Except as provided in subsection (13)(ii) of this section, the board of elections shall |
12 | distribute voucher funds to a candidate no less frequently than twice per month. |
13 | (ii) In the month immediately prior to the month in which a primary or general election |
14 | occurs the board of elections shall distribute voucher funds to a candidate no less frequently than |
15 | once per week. |
16 | (14) A qualified candidate may only use voucher funds in the same manner as public |
17 | matching funds under §§ 17-25-20 (7) and (8). |
18 | (15) A person who knowingly does or attempts to do any of the following is guilty of a |
19 | misdemeanor punishable by a fine of no more than one thousand dollars ($1,000), imprisonment |
20 | for no longer than three hundred and sixty four (364) days, or both: |
21 | (i) Purchases, sells, or transfers a voucher for consideration. |
22 | (ii) Obtains or controls a voucher with intent to deprive the voucher-eligible resident to |
23 | whom the voucher was issued, the use of the voucher. |
24 | (iii) Transfers a voucher obtained or controlled as provided under subsection (15) of this |
25 | section. |
26 | (iv) Alters or assigns a voucher without permission from the voucher-eligible resident to |
27 | whom the voucher was issued. |
28 | (v) Creates and distributes a counterfeit voucher. |
29 | 17-25-19.2. Administration of the voucher program. |
30 | The board of elections shall do all of the following: |
31 | (1) Promulgate rules and regulations necessary to administer the voucher program. |
32 | Notwithstanding § 42-35-18(b)(7), the board shall promulgate rules and regulations in accordance |
33 | with the provisions of chapter 35 of title 42 to carry out the provisions, policies, and purposes of |
34 | the voucher program. |
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1 | (2) Prescribe forms necessary to administer the voucher program. |
2 | (3) Design a voucher that includes all of the following elements: |
3 | (i) The election for which the board of elections issues the voucher; |
4 | (ii) A serial number and bar code; |
5 | (iii) The amount of voucher funds that the voucher represents; |
6 | (iv) The full name of the voucher-eligible resident who may assign the voucher; |
7 | (v) A place to write the date on which the voucher-eligible resident assigns the voucher; |
8 | (vi) A place to write the name of the qualified candidate to whom the voucher-eligible |
9 | resident assigns the voucher; |
10 | (vii) A statement that informs the voucher-eligible resident of all of the following: |
11 | (A) The voucher-eligible resident may not revoke an assignment of the voucher; |
12 | (B) The voucher-eligible resident may not transfer the voucher; |
13 | (C) The voucher has no monetary value; and |
14 | (D) The voucher-eligible resident may assign the voucher only as provided under § 17-25- |
15 | 19.1; |
16 | (viii) A statement that affirms that the voucher-eligible resident assigns the voucher |
17 | voluntarily, free from duress, and not in exchange for consideration; |
18 | (ix) A signature line; and |
19 | (x) Additional information as the board of elections determines is necessary to administer |
20 | the voucher program. |
21 | (4) Provide educational material as follows: |
22 | (i) Develop and conduct in-person training for candidates; |
23 | (ii) Publish guides and manuals for the public, candidates, public officials, political parties, |
24 | and committees; |
25 | (iii) Publish a timeline of important dates for the program; |
26 | (iv) Conduct education and outreach programs for the general public; |
27 | (v) Provide all materials on paper and on the board of elections’ public-facing website; |
28 | (vi) Publish all materials in a manner accessible by a person with a visual disability; and |
29 | (vi) Provide all materials in the following languages: |
30 | (A) English; |
31 | (B) Spanish; |
32 | (C) Portuguese; |
33 | (D) A language in which election materials are required to be published in this state or a |
34 | political subdivision of this state under 52 U.S.C. § 10503; and |
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1 | (E) Any additional language(s) as determined by the board of elections. |
2 | (5) Create and maintain a public-facing website that does all of the following: |
3 | (i) Provides a mechanism by which a voucher-eligible resident may assign a voucher to a |
4 | qualified candidate; |
5 | (ii) Displays the following information for every voucher that a voucher-eligible resident |
6 | assigns: |
7 | (A) The name of the voucher-eligible resident assigning the voucher; |
8 | (B) The date on which the voucher-eligible resident assigned the voucher; |
9 | (C) The qualified candidate to whom the voucher-eligible resident assigned the voucher; |
10 | and |
11 | (D) The serial number of the voucher; |
12 | (iii) Displays the number and amount of vouchers assigned for each primary and general |
13 | election, organized by qualified candidate. |
14 | (iv) Displays the name of each person registered to receive vouchers on behalf of a |
15 | candidate under §17-25-19.1(7)(iii), the name of the candidate on behalf of whom the person |
16 | receives vouchers, and the number of vouchers the person has received. |
17 | (6) Conduct a review of the program following an election cycle and provide all of the |
18 | following to the legislature no later than September 1 of the year following the year in which the |
19 | state holds a general election: |
20 | (i) A report that describes all of the following for the election cycle: |
21 | (A) The number of candidates and qualified candidates running for eligible office; |
22 | (B) The number of vouchers distributed by the board; |
23 | (C) The number of unused vouchers, number of vouchers assigned and vouchers paid by |
24 | the board; |
25 | (D) The amount of money in the fund before and after the election cycle; |
26 | (E) A financial projection of the fund for the subsequent three (3) election cycles; |
27 | (F) The number and nature of public education and outreach events conducted; and |
28 | (G) The number of persons who participated in educational and outreach events. |
29 | (ii) Legislative recommendations for changes to improve the program, including |
30 | recommendations for adjustments to all of the following: |
31 | (A) The number of qualifying contributions required under § 17-25-20.1(2); |
32 | (B) The amount of voucher funds a qualifying candidate may receive under § 17-25-19.1 |
33 | (9); |
34 | (C) The number of vouchers the board of elections provides a voucher-eligible resident |
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1 | under § 17-25.19.1 (1); and |
2 | (D) The amount of voucher funds that a voucher represents. |
3 | (iii) An independent financial audit of the voucher program. |
4 | (iv) An independent operational audit of the voucher program. |
5 | 17-25-20.1. Eligibility criteria for voucher funds. |
6 | (1) A person may apply to the board of elections for certification as a qualified candidate, |
7 | if the person satisfies all of the following conditions: |
8 | (i) The candidate is eligible to run for general office or legislative office; |
9 | (ii) The candidate certifies to the board of elections that the candidate has filed all campaign |
10 | finance reports required by this chapter with the board of elections and that the campaign finance |
11 | reports are complete and accurate; |
12 | (iii) The candidate has complied with the requirements of this chapter; |
13 | (iv) The candidate agrees to comply with all of the following requirements for the |
14 | remainder of the election cycle: |
15 | (A) Participate in no fewer than two (2) debates prior to a primary election and no fewer |
16 | than two (2) debates prior to the general election; |
17 | (B) Solicit or accept contributions only from a natural person; |
18 | (C) Solicit or accept aggregate contributions from an individual as specified in subsection |
19 | (4)(i) of this section; and |
20 | (D) Spend voucher funds only as permitted in §§ 17-25-20(7) and (8). |
21 | (v) Spend no more than the following amounts for direct campaign costs during the election |
22 | cycle using personal funds: |
23 | (A) Seventy-five thousand dollars ($75,000) for a candidate for governor; |
24 | (B) Eighteen thousand seven hundred fifty dollars ($18,750) for a candidate for general |
25 | office other than governor; and |
26 | (C) Five thousand dollars ($5,000) for a candidate for legislative office. |
27 | (vi) The person has complied with subsections (1)(i) through (v) of this section for the |
28 | entirety of the election cycle prior to submitting the application for certification as a qualified |
29 | candidate. |
30 | (2) The board of elections shall certify a candidate as a qualified candidate if the candidate |
31 | applied, as required under subsection (1) of this section and has received no fewer than the |
32 | following number of qualifying contributions required for the eligible office: |
33 | (i) Two hundred fifty (250) qualifying contributions for a candidate for governor; |
34 | (ii) One hundred (100) qualifying contributions for a candidate for general office other than |
| LC004921 - Page 16 of 19 |
1 | governor; and |
2 | (iii) One hundred (100) qualifying contributions for a candidate for legislative office, of |
3 | which fifty (50) shall be from residents of the candidate’s legislative district. |
4 | (3) A person may not apply for certification under subsection (1) of this section after the |
5 | date for filing nomination papers, as specified under § 17-14-12. |
6 | (4)(i) Notwithstanding the limits under § 17-25-10.1(a)(1), a qualified candidate may not |
7 | solicit or accept aggregate contributions from a natural person in a calendar year that exceed the |
8 | following amounts: |
9 | (A) Five hundred dollars ($500) for a candidate for governor; |
10 | (B) Three hundred fifty dollars ($350) for a candidate for general office other than |
11 | governor; and |
12 | (C) One hundred fifty dollars ($150) for a candidate for legislative office. |
13 | (ii) A qualified candidate may solicit or accept a voucher from a voucher-eligible resident |
14 | who has made aggregate contributions to the qualified candidate that are less than or equal to the |
15 | amounts under subsection (4)(i) of this section. |
16 | (5)(i) The board of elections shall revoke a qualified candidate’s certification if the |
17 | qualified candidate does any of the following: |
18 | (A) Withdraws from the election; |
19 | (B) Fails to advance to a general election; |
20 | (C) Violates the requirements for certification as a qualified candidate; or |
21 | (D) Violates the requirements of this chapter, as determined by the board in a proceeding |
22 | under chapter 7 of title 17. |
23 | (ii) The board of elections shall provide a written determination to a qualified candidate |
24 | whose certification is revoked under subsection (5)(i) of this section that includes all of the |
25 | following: |
26 | (A) The specific violation under subsection (5)(i) of this section that is the basis of revoking |
27 | the certification; and |
28 | (B) The specific facts found by the board that form the basis for revoking the certification. |
29 | (iii) A person whose certification is revoked may appeal the board of elections’ written |
30 | determination to the district court. |
31 | (6) A qualified candidate shall return to the board of elections for deposit into the fund all |
32 | remaining voucher funds the candidate received under § 17-25-19.1(8) after accounting for |
33 | campaign debts and expenditures, no later than six (6) months after any of the following occur: |
34 | (i) The board of elections revokes the qualified candidate’s certification under subsection |
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1 | (5) of this section; |
2 | (ii) The qualified candidate dies; or |
3 | (iii) The qualified candidate loses or wins the general election. |
4 | SECTION 3. Severability. – If a provision of this act or its application to any person or |
5 | circumstances is held invalid, the invalidity shall not affect any other provisions or applications of |
6 | this act that can be given effect without the invalid provision or application, and to this end the |
7 | provisions of this act are severable. |
8 | SECTION 4. This act shall take effect upon passage. |
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LC004921 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS - RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND | |
EXPENDITURES REGULATORY | |
*** | |
1 | This act would expand the availability of public funds to candidates for the general |
2 | assembly while also increasing the maximum amount of funds available for general office |
3 | candidates. It would establish a comprehensive public voucher fund program with detailed |
4 | requirements and eligibility criteria for qualified candidate participation. |
5 | This act would take effect upon passage. |
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LC004921 | |
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