2023 -- H 5123 | |
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LC000249 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND | |
EXPENDITURES REPORTING | |
| |
Introduced By: Representatives McGaw, Donovan, Cortvriend, Ajello, Kislak, Tanzi, | |
Date Introduced: January 12, 2023 | |
Referred To: House State Government & Elections | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 17-25-3 of the General Laws in Chapter 17-25 entitled "Rhode Island |
2 | Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows: |
3 | 17-25-3. Definitions. |
4 | As used in this chapter, unless a different meaning clearly appears from the context: |
5 | (1) “Business entity” means any corporation, whether for profit or not for profit, domestic |
6 | corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, |
7 | association, receivership, trust, holding company, firm, joint stock company, public utility, sole |
8 | proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the |
9 | United States and/or the state of Rhode Island for the purpose of doing business. The term “business |
10 | entity” shall not include a political action committee organized pursuant to this chapter or a political |
11 | party committee or an authorized campaign committee of a candidate or office holder. The term |
12 | “business entity” shall not include any exempt nonprofit as defined herein or any organization |
13 | described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding |
14 | internal revenue code of the United States, as amended from time to time, for the purposes of |
15 | chapter 25.3 of title 17. |
16 | (2) “Candidate” means any individual who undertakes any action, whether preliminary or |
17 | final, which is necessary under the law to qualify for nomination for election or election to public |
18 | office, and/or any individual who receives a contribution or makes an expenditure, or gives his or |
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1 | her consent for any other person to receive a contribution or make an expenditure, with a view to |
2 | bringing about his or her nomination or election to any public office, whether or not the specific |
3 | public office for which he or she will seek nomination or election is known at the time the |
4 | contribution is received or the expenditure is made and whether or not he or she has announced his |
5 | or her candidacy or filed a declaration of candidacy at that time. |
6 | (3) “Conduit” or “intermediary” means any person who receives and forwards an |
7 | earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise |
8 | limited in this chapter. |
9 | (4) “Contributions” and “expenditures” include all transfers of money, credit or debit card |
10 | transactions, on-line or electronic payment systems such as “pay pal,” paid personal services, or |
11 | other thing of value to or by any candidate, committee of a political party, or political action |
12 | committee or ballot question advocate. A loan shall be considered a contribution of money until it |
13 | is repaid. |
14 | (5) “Earmarked” means a designation, instruction, or encumbrance, whether direct or |
15 | indirect, express or implied, oral or written, that results in all or any part of a contribution or |
16 | expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s |
17 | authorized committee. |
18 | (6) “Election” means any primary, general, or special election or town meeting for any |
19 | public office of the state, municipality, or district, or for the determination of any question |
20 | submitted to the voters of the state, municipality, or district. |
21 | (7) “Election cycle” means the twenty-four month (24) period commencing on January 1 |
22 | of odd number years and ending on December 31 of even number years; provided, with respect to |
23 | the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and |
24 | 17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of |
25 | odd numbered years and ending December 31 of even numbered years. |
26 | (8) "Electronic mail" or "email" means communication, information or messages |
27 | distributed by electronic means from a computer, a cell phone or other electronic device to one or |
28 | more recipients via a network. |
29 | (8)(9) “In-kind contributions” means the monetary value of other things of value or paid |
30 | personal services donated to, or benefiting, any person required to file reports with the board of |
31 | elections. |
32 | (9)(10) “Other thing of value” means any item of tangible real or personal property of a |
33 | fair-market value in excess of one hundred dollars ($100). |
34 | (10)(11) “Paid personal services” means personal services of every kind and nature, the |
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1 | cost or consideration for which is paid or provided by someone other than the committee or |
2 | candidate for whom the services are rendered, but shall not include personal services provided |
3 | without compensation by persons volunteering their time. |
4 | (12) "Messaging" means digital communication. |
5 | (11)(13) “Person” means an individual, partnership, committee, association, corporation, |
6 | union, charity, and/or any other organization. The term “person” shall not include any exempt |
7 | nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue |
8 | Code of 1986, or any subsequent corresponding internal revenue code of the United States, as |
9 | amended from time to time, for the purposes of chapter 25.3 of title 17 only. |
10 | (12)(14) “Political action committee” means any group of two (2) or more persons that |
11 | accepts any contributions to be used for advocating the election or defeat of any candidate or |
12 | candidates. Only political action committees that have accepted contributions from fifteen (15) or |
13 | more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted |
14 | to make contributions, and those committees must make contributions to at least five (5) candidates |
15 | for state or local office within an election cycle. |
16 | (13)(15) “Public office” means any state, municipal, school, or district office or other |
17 | position that is filled by popular election, except political party offices. “Political party offices” |
18 | means any state, city, town, ward, or representative or senatorial district committee office of a |
19 | political party or delegate to a political party convention, or any similar office. |
20 | (14)(16) “State” means state of Rhode Island. |
21 | (15)(17) “Testimonial affair” means an affair of any kind or nature including, but not |
22 | limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs |
23 | expressly and directly intended to raise campaign funds in behalf of a candidate to be used for |
24 | nomination or election to a public office in this state, or expressly and directly intended to raise |
25 | funds in behalf of any state or municipal committee of a political party, or expressly and directly |
26 | intended to raise funds in behalf of any political action committee. |
27 | (18) "Text" means an electronic communication sent by and reviewed by a cell or mobile |
28 | phone. |
29 | (16)(19) “Electioneering communication” means any print, broadcast, cable, satellite, or |
30 | electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, |
31 | authorized candidate campaign committee, or political party committee and that unambiguously |
32 | identifies a candidate or referendum and is made either within sixty (60) days before a general or |
33 | special election or town meeting for the office sought by the candidate or referendum; or thirty (30) |
34 | days before a primary election, for the office sought by the candidate; and is targeted to the relevant |
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1 | electorate. |
2 | (i) A communication, to include, but not limited to, electronic mail (email), a text or any |
3 | communication or messaging sent over the Internet, that refers to a clearly identified candidate or |
4 | referendum is “targeted to the relevant electorate” if the communication can be received by two |
5 | thousand (2,000) or more persons in the district the candidate seeks to represent or the constituency |
6 | voting on the referendum. |
7 | (ii) Exceptions: The term “electioneering communication” does not include: |
8 | (A) A communication appearing in a news story, commentary, or editorial distributed |
9 | through the facilities of any broadcasting station, unless such facilities are owned or controlled by |
10 | any political party, political committee, or candidate; |
11 | (B) A communication that constitutes a candidate debate or forum conducted pursuant to |
12 | regulations adopted by the board of elections or that solely promotes such a debate or forum and is |
13 | made by or on behalf of the person sponsoring the debate or forum; |
14 | (C) A communication made by any business entity to its members, owners, stockholders, |
15 | or employees; |
16 | (D) A communication over the internet, except for (I) Communications placed for a fee on |
17 | the website of another person, business entity, or political action committee; and (II) Websites |
18 | formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election |
19 | or defeat of a clearly identified candidate or the passage or defeat of a referendum; or (III) an |
20 | electronic mail or Internet communication provided pursuant to subsection (19)(i) of this section; |
21 | or |
22 | (E) Any other communication exempted under such regulations as the board of elections |
23 | may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate |
24 | implementation of this paragraph. |
25 | (17)(20) “Independent expenditure” means an expenditure that, when taken as a whole, |
26 | expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat |
27 | of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no |
28 | way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate |
29 | committee, or political party committee. An expenditure amounts to the functional equivalent of |
30 | express advocacy if it can only be interpreted by a reasonable person as advocating the election, |
31 | passage, or defeat of a candidate or referendum, taking into account whether the communication |
32 | mentions a candidate or referendum and takes a position on a candidate’s character, qualifications, |
33 | or fitness for office. An independent expenditure is not a contribution to that candidate or |
34 | committee. |
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1 | (i) Exceptions: The term “independent expenditure” does not include: |
2 | (A) A communication appearing in a news story, commentary, or editorial distributed |
3 | through the facilities of any broadcasting station, unless such facilities are owned or controlled by |
4 | any political party, political committee, or candidate; |
5 | (B) A communication that constitutes a candidate debate or forum conducted pursuant to |
6 | regulations adopted by the board of elections or that solely promotes such a debate or forum and is |
7 | made by or on behalf of the person sponsoring the debate or forum; |
8 | (C) A communication made by any business entity to its members, owners, stockholders, |
9 | or employees; |
10 | (D) A communication over the internet, except for (I) Communications placed for a fee on |
11 | the website of another person, business entity, or political action committee; and (II) Websites |
12 | formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election |
13 | or defeat of a clearly identified candidate or the passage or defeat of a referendum; or |
14 | (E) Any other communication exempted under such regulations as the board of elections |
15 | may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate |
16 | implementation of this paragraph. |
17 | (18)(21) “Covered transfer” means any transfer or payment of funds by any person, |
18 | business entity, or political action committee to another person, business entity, or political action |
19 | committee if the person, business entity, or political action committee making the transfer: (i) |
20 | Designates, requests, or suggests that the amounts be used for independent expenditures or |
21 | electioneering communications or making a transfer to another person for the purpose of making |
22 | or paying for such independent expenditures or electioneering communications; (ii) Made such |
23 | transfer or payment in response to a solicitation or other request for a transfer or payment for the |
24 | making of or paying for independent expenditures or electioneering communications or making a |
25 | transfer to another person for the purpose of making or paying for such independent expenditures |
26 | or electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or |
27 | payment regarding independent expenditures or electioneering communications or making a |
28 | transfer to another person for the purpose of making or paying for such independent expenditures |
29 | or electioneering communications; or (iv) Made independent expenditures or electioneering |
30 | communications in an aggregate amount of five thousand dollars ($5,000) or more during the two- |
31 | year (2) period ending on the date of the transfer or payment, or knew or had reason to know that |
32 | the person receiving the transfer or payment made such independent expenditures or electioneering |
33 | communications in such an aggregate amount during that two-year (2) period. |
34 | (A) Exceptions: The term “covered transfer” does not include: |
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1 | (I) A transfer or payment made by a person, business entity, or political action committee |
2 | in the ordinary course of any trade or business conducted by the person, business entity, or political |
3 | action committee or in the form of investments made by the person, business entity, or political |
4 | action committee; or |
5 | (II) A transfer or payment made by a person, business entity, or political action committee |
6 | if the person, business entity, or political action committee making the transfer prohibited, in |
7 | writing, the use of such transfer or payment for independent expenditures, electioneering |
8 | communications, or covered transfers and the recipient of the transfer or payment agreed to follow |
9 | the prohibition and deposited the transfer or payment in an account that is segregated from any |
10 | account used to make independent expenditures, electioneering communications, or covered |
11 | transfers. |
12 | (19)(22) For the purposes of chapter 25.3 of title 17, “donation” means all transfers of |
13 | money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” |
14 | paid personal services, or other thing of value to or by any person, business entity, or political |
15 | action committee. A loan shall be considered a donation of money until it is repaid. |
16 | (20)(23) For the purposes of chapter 25.3 of title 17, “donor” means a person, business |
17 | entity, or political action committee that makes a donation. |
18 | (21)(24) “Exempt nonprofit” means any organization described in § 501(c)(4) of the |
19 | Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) |
20 | of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on |
21 | independent expenditures, electioneering communications, and covered transfers as defined herein |
22 | and certifies the same to the board of elections seven (7) days before and after a primary election |
23 | and seven (7) days before and after a general or special election. |
24 | (22)(25) For purposes of chapter 25.3 of title 17, “referendum” means the same as the |
25 | definition set forth in § 17-5-1. |
26 | SECTION 2. Chapter 17-25.3 of the General Laws entitled "Independent Expenditures and |
27 | Electioneering Communications" is hereby amended by adding thereto the following section: |
28 | 17-25.3-5. Definitions. |
29 | As used in this chapter, words and terms shall have the same meaning as defined in § 17- |
30 | 25-3. |
31 | SECTION 3. Sections 17-25.3-1, 17-25.3-2, 17-25.3-3 and 17-25.3-4 of the General Laws |
32 | in Chapter 17-25.3 entitled "Independent Expenditures and Electioneering Communications" are |
33 | hereby amended to read as follows: |
34 | 17-25.3-1. Independent expenditures and electioneering communications for |
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1 | elections. |
2 | (a) It shall be lawful for any person, business entity or political action committee, not |
3 | otherwise prohibited by law and not acting in coordination with a candidate, authorized candidate |
4 | campaign committee, political action committee, or political party committee, to expend personally |
5 | from that person’s own funds a sum which is not to be repaid to him or her for any purpose not |
6 | prohibited by law to support or defeat a candidate or referendum. Whether a person, business entity |
7 | or political action committee is “acting in coordination with a candidate, authorized candidate |
8 | campaign committee, political action committee or political party committee” for the purposes of |
9 | this subsection shall be determined by application of the standards set forth in § 17-25-23. All terms |
10 | used in this chapter shall have the same meaning as defined in § 17-25-3. |
11 | (b) Any person, business entity or political action committee making independent |
12 | expenditures, electioneering communications, including electronic mail or text, or covered |
13 | transfers shall report all such campaign finance expenditures and expenses to the board of elections, |
14 | provided the total of the money so expended exceeds one thousand dollars ($1,000) within a |
15 | calendar year, to the board of elections within seven (7) days of making the expenditure. |
16 | (c) A person, business entity or political action committee who makes or contracts to make |
17 | independent expenditures, electioneering communications, including electronic mail or text, or |
18 | covered transfers with an aggregate value of one thousand dollars ($1,000) or more shall |
19 | electronically file a campaign finance report to the board of elections describing the expenditures. |
20 | For purposes of the provisions of this section, an electronic mail (email), text or Internet |
21 | communication which can be received by two thousand (2,000) or more persons shall be presumed |
22 | to have an aggregate value in excess of one thousand dollars ($1,000). |
23 | (d) After a person, business entity or political action committee files a report under |
24 | subsection (b), the person, business entity or political action committee shall file an additional |
25 | report after each time the person, business entity or political action committee makes or contracts |
26 | to make independent expenditures, electioneering communications, including electronic mail or |
27 | text, or covered transfers aggregating an additional one thousand dollars ($1,000) with respect to |
28 | the same election as that to which the initial report relates. |
29 | (e) When a report is required by subsection (c) or (d) of this section within thirty (30) days |
30 | prior to the election to which the expenditure was directed, it shall be filed within twenty-four (24) |
31 | hours of the expenditure. When such a report is required at any other time, it shall be filed within |
32 | seven (7) days after the expenditure. |
33 | (f) Reports of independent expenditures, electioneering communications, including |
34 | electronic mail or text, or covered transfers by a person shall contain the name, street address, city, |
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1 | state, zip code, occupation, employer (if self-employed, the name and place of business), of the |
2 | person responsible for the expenditure, the name, street address, city, state, and zip code of the |
3 | person receiving the expenditure the date and amount of each expenditure, and the year to date |
4 | total. |
5 | (g) The report shall also include a statement identifying the candidate or referendum that |
6 | the independent expenditure or electioneering communication including electronic mail or text, is |
7 | intended to promote the success or defeat, and affirm under penalty of false statement that the |
8 | expenditure is not coordinated with the campaign in question, and provide any information that the |
9 | board of elections requires to facilitate compliance with the provisions of this chapter. |
10 | (h) Reports of independent expenditures, electioneering communications, including |
11 | electronic mail or text, or covered transfers by a person, business entity or political action |
12 | committee shall also disclose the identity of all donors of an aggregate of one thousand dollars |
13 | ($1,000) or more to such person, business entity or committee within the current election cycle, if |
14 | applicable, unless the person, business entity or political action committee has established a |
15 | separate campaign-related account for independent expenditures, electioneering communications, |
16 | including electronic mail or text, and covered transfers as detailed in § 17-25.3-2 in which case this |
17 | paragraph applies only to donors to the person’s, business entity’s or political action committee’s |
18 | separate campaign-related account; provided that no person, business entity, or political action |
19 | committee shall be required to disclose in a report to the board of elections the identity, which |
20 | includes name, address, place of employment, and donation amount, of any donor who makes no |
21 | donation to such person, business entity, or political action committee after the date of enactment |
22 | of this section. |
23 | (i) If a person, business entity or political action committee and a donor mutually agree, at |
24 | the time a donation, payment, or transfer to the person, business entity or political action committee |
25 | which is required to disclose the identification under subsection (f) that the person, business entity |
26 | or political action committee will not use the donation, payment, or transfer for independent |
27 | expenditures, electioneering communications, including electronic mail or text, or covered |
28 | transfers, then not later than thirty (30) days after the person, business entity or political action |
29 | committee receives the donation, payment, or transfer the person, business entity or political action |
30 | committee shall transmit to the donor a written certification by the chief financial officer of the |
31 | person, business entity or political action committee (or, if the organization does not have a chief |
32 | financial officer, the highest ranking financial official of the organization) that: |
33 | (1) The person, business entity or political action committee will not use the donation, |
34 | payment, or transfer for independent expenditures, electioneering communications, including |
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1 | electronic mail or text, or covered transfers; and |
2 | (2) The person, business entity or political action committee will not include any |
3 | information on the donor in any report filed by the person, business entity or political action |
4 | committee under this section with respect to independent expenditures, electioneering |
5 | communications, including electronic mail or text, or covered transfers, so that the donor will not |
6 | be required to appear in the list of donors. |
7 | (3) Exception for payments made pursuant to commercial activities. Subsections (e) and |
8 | (f) do not apply with respect to any payment or transfer made pursuant to commercial activities in |
9 | the regular course of a person’s, business entity’s or political action committee’s business. |
10 | (j) For the purposes of this chapter, two (2) or more entities (other than an exempt nonprofit |
11 | as defined in § 17-25-3 or an organization described in § 501(c)(3) of the Internal Revenue Code |
12 | of 1986, or any subsequent corresponding internal revenue code of the United States, as amended |
13 | from time to time) are treated as a single entity if the entities: |
14 | (1) Share the majority of members on their boards of directors; |
15 | (2) Share two (2) or more officers; |
16 | (3) A candidate committee and a political committee other than a candidate committee are |
17 | for the purposes of this section treated as a single committee if the committees both have the |
18 | candidate or a member of the candidate’s immediate family as an officer; |
19 | (4) Are owned or controlled by the same majority shareholder or shareholders or persons; |
20 | (5) Are in a parent-subsidiary relationship; or |
21 | (6) Have bylaws so stating. |
22 | 17-25.3-2. Optional use of separate campaign-related account by person, business |
23 | entity or political action committee for independent expenditures, electioneering |
24 | communications, and covered transfers. |
25 | (a) A person, business entity or political action committee may make disbursements for |
26 | independent expenditures, electioneering communications, including electronic mail or text, or |
27 | covered transfers using amounts from a bank account established and controlled by the person, |
28 | business entity or political action committee to be known as the separate campaign-related account |
29 | (hereafter in this section referred to as the “account”), which shall be maintained separately from |
30 | all other accounts of the person, business entity or political action committee and which shall |
31 | consist exclusively of funds that were paid directly to such account by one or more person, business |
32 | entity, or political action committee other than the person, business entity, or political action |
33 | committee that controls the account. A person, business entity, or political action committee shall |
34 | not make transfers from its general treasury into an account established under this section that such |
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1 | person, business entity, or political action committee controls. |
2 | (b) Mandatory use of account after establishment. If a person, business entity or political |
3 | action committee establishes an account under this section, it may not make disbursements for |
4 | independent expenditures, electioneering communications, including electronic mail or text, or |
5 | covered transfers from any source other than amounts from the account. |
6 | (c) Exclusive use of account for independent expenditures, electioneering communications, |
7 | including electronic mail or text, and covered transfers. Amounts in the account shall be used |
8 | exclusively for disbursements by the person, business entity or political action committee for |
9 | independent expenditures, electioneering communications, including electronic mail or text, or |
10 | covered transfers. After such disbursements are made, information with respect to deposits made |
11 | to the account shall be disclosed in accordance with subsection 17-25.3-1(f). |
12 | 17-25.3-3. Disclaimers. |
13 | (a) No person, business entity or political action committee shall make or incur an |
14 | independent expenditure or fund an electioneering communication for any written, typed, or other |
15 | printed communication, including electronic mail or text, unless such communication bears upon |
16 | its face the words “Paid for by” and the name of the entity, the name of its chief executive officer |
17 | or equivalent, and its principal business address. In the case of a person, business entity or political |
18 | action committee making or incurring such an independent expenditure or electioneering |
19 | communication, including electronic mail or text, which entity is a tax-exempt organization under |
20 | § 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) |
21 | of such Code) or an exempt nonprofit as defined in § 17-25-3, or any subsequent corresponding |
22 | internal revenue code of the United States, as amended from time to time, or an organization |
23 | organized under Section 527 of said code, such communication shall also bear upon its face the |
24 | words “Top Five Donors” followed by a list of the five (5) persons or entities making the largest |
25 | aggregate donations to such person, business entity or political action committee during the twelve |
26 | (12) month period before the date of such communication, provided that no donor shall be listed |
27 | who is not required to be disclosed in a report to the board of elections by the person, business |
28 | entity, or political action committee. |
29 | (b) The provisions of subsections (a) of this section shall not apply to: |
30 | (1) Any editorial, news story, or commentary published in any newspaper, magazine or |
31 | journal on its own behalf and upon its own responsibility and for which it does not charge or receive |
32 | any compensation whatsoever; |
33 | (2) Political paraphernalia including pins, buttons, badges, emblems, hats, bumper stickers |
34 | or other similar materials; or |
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1 | (3) Signs or banners with a surface area of not more than thirty-two (32) square feet. |
2 | (c) No person, business entity or political action committee shall make or incur an |
3 | independent expenditure or fund an electioneering communication, including electronic mail or |
4 | text, for paid television advertising or paid Internet video advertising, unless at the end of such |
5 | advertising there appears simultaneously, for a period of not less than four (4) seconds: |
6 | (1) A clearly identifiable video, photographic or similar image of the entity’s chief |
7 | executive officer or equivalent; and |
8 | (2) A personal audio message, in the following form: “I am (name of entity’s chief |
9 | executive officer or equivalent), (title) of (entity), and I approved its content.” |
10 | (3) In the case of a person, business entity or political action committee making or incurring |
11 | such an independent expenditure or electioneering communication, including electronic mail or |
12 | text, which person, business entity or political action committee is a tax-exempt organization under |
13 | § 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) |
14 | of such Code) or an exempt nonprofit as defined in § 17-25-3, or any subsequent corresponding |
15 | internal revenue code of the United States, as amended from time to time, or an organization |
16 | organized under Section 527 of said code, such advertising shall also include a written message in |
17 | the following form: “The top five (5) donors to the organization responsible for this advertisement |
18 | are” followed by a list of the five (5) persons or entities making the largest aggregate donations |
19 | during the twelve (12) month period before the date of such advertisement, provided that no donor |
20 | shall be listed who is not required to be disclosed in a report to the board of elections by the person, |
21 | business entity, or political action committee. |
22 | (d) No person, business entity or political action committee shall make or incur an |
23 | independent expenditure or fund an electioneering communication, including electronic mail or |
24 | text, for paid radio advertising or paid Internet audio advertising, unless the advertising ends with |
25 | a personal audio statement by the entity’s chief executive officer or equivalent; |
26 | (1) Identifying the entity paying for the expenditure; and |
27 | (2) A personal audio message, in the following form: “I am (name of entity’s chief |
28 | executive officer or equivalent), (title), of (entity), and I approved its content.” |
29 | (3) In the case of a person, business entity or political action committee making or incurring |
30 | such an independent expenditure or electioneering communication, including electronic mail or |
31 | text, which entity is a tax-exempt organization under § 501(c) of the Internal Revenue Code of |
32 | 1986 (other than an organization described in § 501(c)(3) of such Code) or an exempt nonprofit as |
33 | defined in § 17-25-3, or any subsequent corresponding internal revenue code of the United States, |
34 | as amended from time to time, or an organization organized under Section 527 of said code, such |
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1 | advertising shall also include: |
2 | (A) An audio message in the following form: “The top five (5) donors to the organization |
3 | responsible for this advertisement are” followed by a list of the five (5) persons or entities making |
4 | the largest aggregate donations during the twelve (12) month period before the date of such |
5 | advertisement, provided that no donor shall be listed who is not required to be disclosed in a report |
6 | to the board of elections by the person, business entity, or political action committee; or |
7 | (B) In the case of such an advertisement that is thirty (30) seconds in duration or shorter, |
8 | an audio message providing a website address that lists such five (5) persons or entities, provided |
9 | that no contributor shall be listed who is not required to be disclosed in a report to the board of |
10 | elections by the person, business entity, or political action committee. In such case, the person, |
11 | business entity or political action committee shall establish and maintain such a website with such |
12 | listing for the entire period during which such person, business entity or political action committee |
13 | makes such advertisement. |
14 | (e) No person, business entity or political action committee shall make or incur an |
15 | independent expenditure or fund an electioneering communication, including electronic mail or |
16 | text, for automated telephone calls, unless the narrative of the telephone call identifies the person, |
17 | business entity or political action committee making the expenditure and its chief executive officer |
18 | or equivalent. In the case of a person, business entity or political action committee making or |
19 | incurring such an independent expenditure, which entity is a tax-exempt organization under § |
20 | 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) |
21 | of such Code) or an exempt nonprofit as defined in § 17-25-3, or any subsequent corresponding |
22 | internal revenue code of the United States, as amended from time to time, or an organization |
23 | organized under Section 527 of said code, such narrative shall also include an audio message in the |
24 | following form: “The top five (5) donors to the organization responsible for this telephone call are” |
25 | followed by a list of the five (5) persons or entities making the largest aggregate donations during |
26 | the twelve (12) month period before the date of such telephone call, provided that no donor shall |
27 | be listed who is not required to be disclosed in a report to the board of elections by the person, |
28 | business entity, or political action committee. |
29 | 17-25.3-4. Penalties. |
30 | (a) Any person who willfully and knowingly violates the provisions of this chapter shall, |
31 | upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand dollars |
32 | ($1,000) per violation. |
33 | (b) The state board of elections may impose a civil penalty upon any person, business |
34 | entity, or political action committee who violates the provisions of this chapter in the amount of |
| LC000249 - Page 12 of 14 |
1 | one thousand dollars ($1,000), or up to one hundred fifty percent (150%) of the aggregate amount |
2 | of the independent expenditures, electioneering communications, including electronic mail or text, |
3 | or covered transfers per violation, whichever is greater. |
4 | SECTION 4. This act shall take effect upon passage. |
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| LC000249 - Page 13 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND | |
EXPENDITURES REPORTING | |
*** | |
1 | This act would include electronic mail or text, which can be received by two thousand |
2 | (2,000) or more persons, to those independent expenditures that must be reported under this act. |
3 | This act would take effect upon passage. |
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| LC000249 - Page 14 of 14 |