Chapter 292

2006 -- H 7529 SUBSTITUTE A AS AMENDED

Enacted 07/03/06

 

A N A C T

RELATING TO ELECTIONS - CAMPAIGN EXPENDITURES

     

     

     Introduced By: Representatives Pacheco, Lewiss, San Bento, Corvese, and Gallison

     Date Introduced: February 16, 2006

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-25-3, 17-25-5, 17-25-7.2, 17-25-8.1, 17-25-10, 17-25-10.1, 17-

25-11, 17-25-12 and 17-25-15 of the General Laws in Chapter 17-25 entitled "Rhode Island

Campaign Contributions and Expenditures Reporting" are hereby amended to read as follows:

 

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

appears from the context:

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

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

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

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

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

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

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

office holder.

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

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

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

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

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

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

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

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

      (3) "Contributions" and "expenditures" include all transfers of money, paid personal

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

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

until it is repaid.

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

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

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

      (5) "Election cycle" means the twenty-four (24) month period commencing on January 1

of odd number years and ending on December 31 of even number years; provided, with respect to

the public financing of election campaigns of general officers under sections 17-25-19, 17-25-20,

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

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

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

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

elections.

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

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

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

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

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

without compensation by persons volunteering their time.

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

and any other organization.

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

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

candidates or to be used for advocating the approval or rejection of any question or questions

submitted to the voters. Only political action committees that have accepted contributions from

fifteen (15) or more persons in amounts of ten dollars ($10.00) or more within an election cycle

shall be permitted to make contributions, and those committees must make contributions to at

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

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

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

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

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

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

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

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

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

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

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

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

 

     17-25-5. Duties and powers of the board of elections. -- (a) The board of elections is

authorized to perform any duties that are necessary to implement the provisions of this chapter.

Without limiting the generality of this provision, the board is authorized and empowered to:

      (1) Develop forms for the making of the required reports to be filed with the board of

elections, which form shall contain a notice setting forth the times and dates when reports are

required to be filed;

      (2) Prepare and publish a manual for all candidates, political party committees, and

political action committees and ballot questions advocates prescribing the requirements of the

law, including uniform methods of bookkeeping and reporting and requirements as to the length

of time that any person required to keep any records pursuant to the provisions of this chapter

shall retain these records, or any class or category of records, or any other documents;

      (3) Adopt rules and regulations to carry out the purposes of this chapter;

      (4) Prepare and make available for public inspection, through the office of the board of

elections, summaries of all reports grouped according to candidates and political parties;

      (5) Prepare and publish, prior to May 1 or as soon as practicable thereafter of each year,

an annual report to the general assembly;

      (6) Ascertain whether candidates or political party committees, or political action

committees or ballot questions advocates, have failed to file reports or have filed defective

reports; and may for good cause shown extend the dates upon which reports are required to be

filed;

      (7) (i) Conduct confidential investigations and/or closed hearings in accordance with this

title relative to alleged violations of this chapter either on its own initiative or upon receipt of a

verified written complaint, which complaint shall, under pain and penalty of perjury, be based

upon actual knowledge and not merely on information and belief. Upon completion of its

investigation and/or hearings, if the board has reason to believe that a violation of this chapter has

occurred or that a complainant has willfully sworn or affirmed falsely, the chairperson of the

board of elections is authorized to and shall issue to the person found to be in violation of this

chapter a summons pursuant to section 12-7-11 to appear before the division of the district court

where the person resides and shall be prosecuted by the attorney general. Any action taken by the

board as a result of a written verified complaint shall, whenever possible, be completed no later

than five (5) business days after its receipt, and if no violation is found to exist, all records and

papers shall be kept confidential unless further legal proceedings are instituted.

      (ii) The confidentiality of an audit, investigation, hearing, and/or findings may be waived

in writing only by the person or persons complained of or audited. However, once an audit is

complete and presented to the board, the audit will be a matter of public record.

      (8) Conduct compliance reviews and audits of campaign accounts as necessary, and in a

manner consistent with the provisions of this chapter.

      (b) The board of elections shall take any steps that may be necessary or appropriate to

furnish timely and adequate information, in appropriate printed summaries and in any other form

that it may see fit, to every candidate or prospective candidate for public office who becomes or is

likely to become subject to the provisions of this chapter, and to every treasurer duly designated

under the provisions of this chapter, informing them of their actual or prospective obligations and

responsibilities under this chapter.

      (c) (1) The board of elections is authorized, upon written request, to render written

advisory opinions as to whether a given set of facts and circumstances set forth in the request

would constitute a violation of any of the provisions of this chapter, or whether a given set of

facts and circumstances set forth in the request would render any person subject to any of the

reporting requirements of this chapter; provided, that the requirement for a written opinion may

be voluntarily waived by the candidate or committee.

      (2) Unless an extension of time is consented to by any person who submits a written

request for an advisory opinion, the board of elections shall, whenever possible, render its written

advisory opinion within five (5) business days of receipt of the request.

      (d) (1) For each quarterly report required to be filed, the board shall send a postcard by

regular mail to each person and entity required to file a report, which will notify the person or

entity that a report required to be filed is due within fourteen (14) days.

      (2) The failure to receive this notice shall not absolve the person or entity of the

reporting requirements contained in this chapter.

 

     17-25-7.2. Personal use of campaign funds prohibited. -- (a) The personal use by any

elected public office holder or by any candidate for public office, as defined in section 17-25-3, of

campaign funds contributed after April 29, 1992, is prohibited. For the purposes of this section,

"personal use" is defined as any use other than expenditures related to gaining or holding public

office and for which the candidate for public office or elected public official would be required to

treat the amount of the expenditure as gross income under section 61 of the Internal Revenue

Code of 1986, 26 U.S.C. section 61, or any subsequent corresponding Internal Revenue Code of

the United States, as from time to time amended.

      (b) Expenditures that are specifically prohibited under this chapter include:

      (1) Any residential or household items, supplies or expenditures, including mortgage,

rent or utility payments for any part of any personal residence of a candidate or officeholder or a

member of the candidate's or officeholder's family;

      (2) Mortgage, rent, or utility payments for any part of any non-residential property that is

owned by a candidate or officeholder or a member of a candidate's or officeholder's family and

used for campaign purposes, to the extent the payments exceed the fair market value of the

property usage;

      (3) Funeral, cremation, or burial expenses, including any expenses related to deaths

within a candidate's or officeholder's family;

      (4) Clothing, other than items of de minimis value that are used in the campaign;

      (5) Tuition payments;

      (6) Dues, fees, or gratuities at a country club, health club, recreational facility or other

nonpolitical organization, unless they are part of a specific fundraising event that takes place on

the organization's premises;

      (7) Salary payments to a member of a candidate's family, unless the family member is

providing bona fide services to the campaign. If a family member provides bona fide services to a

campaign, any salary payments in excess of the fair market value of the services provided is

personal use;

      (8) Admission to a sporting event, concert, theater, or other form of entertainment, unless

part of a specific campaign or officeholder activity;

      (9) Payment of any fines, fees, or penalties assessed pursuant to this chapter.

      (c) Any expense that results from campaign or officeholder activity is permitted use of

campaign funds. Such expenditures may include:

      (1) The defrayal of ordinary and necessary expenses of a candidate or officeholder;

      (2) Office expenses and equipment, provided the expenditures and the use of the

equipment can be directly attributable to the campaign or the officeholder's duties and

responsibilities;

      (3) Donations to charitable organizations, provided the candidate or officeholder does

not personally benefit from the donation or receive compensation from the recipient organization;

      (4) Travel expenses for an officeholder, provided that the travel is undertaken as an

ordinary and necessary expense of seeking, holding, or maintaining public office, or seeking,

holding, or maintaining a position within the legislature or other publicly elected body. If a

candidate or officeholder uses campaign funds to pay expenses associated with travel that

involves both personal activities and campaign or officeholder activities, the incremental

expenses that result from the personal activities are personal use, unless the person(s) benefiting

from this use reimburse(s) the campaign account within thirty (30) days for the amount of the

incremental expenses;

      (5) Gifts of nominal value and donations of a nominal amount made on a special

occasion such as a holiday, graduation, marriage, retirement or death, unless made to a member

of the candidate's or officeholder's family;

      (6) Meal expenses which are incurred as part of a campaign activity or as apart of a

function that is related to the candidate's or officeholder's responsibilities, including meals

between and among candidates and/or officeholders that are incurred as an ordinary and

necessary expense of seeking, holding, or maintaining public office, or seeking holding, or

maintaining a position within the legislature or other publicly elected body;

      (7) Food and beverages which are purchased as part of a campaign or officeholder

activity.

      (d) Any campaign funds not used to pay for the expenses of gaining or holding public

office may:

      (1) Be maintained in a campaign account(s);

      (2) Be donated to a candidate for public office, to a political organization, or to a

political action committee, subject to the limitation on contributions in section 17-25-10.1;

      (3) Be transferred in whole or in part into a newly established political action committee

or ballot question advocate;

      (4) Be donated to a tax exempt charitable organization as that term is used in section

501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. section 501, or any subsequent

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

      (5) Be donated to the state of Rhode Island; or

      (6) Be returned to the donor.

 

     17-25-8.1. Appointment of treasurer by political action committee -- Filings. -- (a)

Each political action committee shall appoint one campaign treasurer before receiving any

contribution or expending any money for the purpose of advocating the election or defeat of any

candidate or the approval or rejection of any question.

      (b) A campaign treasurer of a political action committee may appoint deputy campaign

treasurers as may be required. The committees shall file the names and addresses of the deputy

campaign treasurers with the board of elections.

      (c) Any political action committee may remove at any time its campaign treasurer. In the

case of the death, resignation, or removal of its campaign treasurer, any committee shall appoint a

successor as soon as practicable and shall file his or her name and address with the board of

elections within ten (10) days.

 

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

Disposition of anonymous contributions. -- (a) No contribution shall be made or received, and

no expenditures shall be directly made or incurred, to support or defeat a candidate or to advocate

the approval or rejection of any question in any election except through:

      (1) The duly appointed campaign treasurer, or deputy campaign treasurers, of the

candidates;

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

party committee;

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

action committee.

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

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

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

a candidate or to advocate the approval or rejection of any question; provided, that any person

making the expenditure shall be required to report all of his or her expenditures and expenses, if

the total of the money so expended exceeds one hundred dollars ($100) within a calendar year, to

the board of elections within seven (7) days of making the expenditure and to the campaign

treasurer of the candidate or political party committee on whose behalf the expenditure or

contribution was made, or to his or her deputy, within seven (7) days of making the expenditure,

who shall cause the expenditures and expenses to be included in his or her reports to the board of

elections. Whether a person is "acting in concert with any other person or group" for the purposes

of this subsection shall be determined by application of the standards set forth in section 17-25-

23.

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

year from any one person or political action committee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

be considered to be a contribution to a candidate.

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

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

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

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

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

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

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

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

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

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

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

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

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

14-2, shall be deemed a contribution from the individual for the purpose of determining whether

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

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

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

candidates and political action committees within a calendar year.

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

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

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

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

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

a calendar year.

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

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

own campaign.

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

corporation or foreign corporation, as defined in section 7-1.2-106, or other business entity to

make any campaign contribution or expenditure, as defined in section 17-25-3, to or for any

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

action committee, or political party committee to accept any campaign contribution or

expenditure from a corporation or other business entity. Any contribution made in the personal

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

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

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

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

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

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

corporation or other business entity.

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

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

candidates may accept contributions in cash which do not exceed twenty-five dollars ($25.00) in

the aggregate from an individual within a calendar year. The cash contribution must be delivered

directly by the donor to the candidate, his or her campaign treasurer, or deputy treasurer. The

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

making these cash contributions.

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

a political action committee which is duly registered and qualified pursuant to the terms of this

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

elected official or candidate established pursuant to this chapter shall make any contribution to or

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

committee, or political party.

 

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

(a) During the period between the appointment of the campaign treasurer for state and municipal

committees and political action committees, or in the case of an individual, the date on which the

individual becomes a "declared or undeclared candidate", as defined in section 17-25-3(2), except

when the ninety (90) day reporting period ends less than forty (40) days prior to an election, in

which case the ninety (90) day report shall be included as part of the report required to be filed on

the twenty-eighth (28th) day next preceding the day of the primary, general, or special election

pursuant to subdivision (2) of this subsection, and the election, with respect to which

contributions are received or expenditures made by him or her in behalf of or in opposition to a

candidate or question, the campaign treasurer of a candidate, a political party committee, or a

political action committee shall file a report containing an account of contributions received and

expenditures made on behalf of or in opposition to a candidate or question:

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

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

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

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

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

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

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

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

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

contain:

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

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

received;

      (ii) The amount contributed by each person;

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

hundred dollars ($100) were made; and

      (iv) The amount and purpose of each expenditure.

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

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

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

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

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

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

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

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

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

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

time of dissolution.

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

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

behalf of or in opposition to a candidate or to advocate the approval or rejection of any question

during the campaign can be accepted. Until the time that the campaign treasurer certifies that the

campaign fund has completed its business and been dissolved, the treasurer shall file reports

containing an account of contributions received and expenditures made at ninety (90) day

intervals commencing with the next quarterly report following the election; however, the time to

file under this subsection shall be no later than thirty (30) days following the ninety (90) day

period, except when the thirty (30) days filing deadline following the ninety (90) day reporting

period occurs less than twenty-eight (28) days before an election, in which case the report shall be

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

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

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

in behalf of the candidacy or question by the candidate, by any political party committee, by any

political action committee, or by any person shall not in the aggregate exceed one thousand

dollars ($1,000).

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

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

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

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

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

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

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

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

and the amount from political party committees.

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

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

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

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

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

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

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

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

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

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

to file under this subsection shall be no later than thirty (30) days following the ninety (90) day

period, except when the thirty (30) days filing deadline following the ninety (90) day reporting

period occurs less than twenty-eight (28) days before an election, in which case the report shall be

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

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

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

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

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

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

pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00).

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

authority to waive late filing fees for good cause shown.

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

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

sent a notice of non-compliance and fails to file the required report within seven (7) days of the

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

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

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

authority to waive late filing fees for good cause shown.

 

     17-25-12. Prohibited contributions. -- No contributions shall be made, and no

expenditure shall be made or incurred, whether anonymously, in a fictitious name, or by one

person or group in the name of another, to support or defeat a candidate in a primary, general, or

special election or to advocate the approval or rejection of any question. No treasurer or candidate

shall solicit or knowingly accept any contribution contrary to the provisions of this section.

 

     17-25-15. Political action committee -- Notice of formation. -- (a) No political action

committee shall accept any contributions or make any expenditures prior to filing notice of its

organization with the board of elections. The notice shall contain:

      (1) The name or names of any candidates whose election or defeat the committee intends

to advocate and/or the question or questions whose approval or rejection the committee intends to

advocate;

      (2) The names and addresses of all officers of the committee;

      (3) The mailing address or addresses of the committee;

      (4) The goals and purposes of the political action committee; and

      (5) A statement indicating whether the membership and/or contributor base of the

political action committee is derived primarily from the employees of one corporation or business

entity or from one business or professional group or association or labor union and, if so, the

identity of that employer or group or association or union.

      (b) No committee shall advocate the election or defeat of any candidate or question other

than that set forth in its notice of organization or amendment to the notice. A political action

committee may amend its notice of organization at any time. The board of elections shall

prescribe forms in compliance with this section.

      (c) In addition to all other reporting requirements, each political action committee shall

include in each report required to be filed by this chapter:

      (1) The source and amount of all funds received by the committee in excess of one

hundred dollars ($100) in the aggregate from a single source in a calendar year; provided, that

funds received through a regular payroll check-off plan in which the aggregate contribution from

each individual does not exceed one hundred dollars ($100) per calendar year shall report the

name and address of each entity transferring the funds to the committee, the aggregate amount

received from the payroll check-off, and the total number of contributors; and provided also, that

funds received by the political action committee of a labor organization from the members of the

labor organization in amounts not exceeding twenty-five dollars ($25.00) per calendar year from

a single source shall be reported by the aggregate amount received and the total number of

members of the labor organization contributing;

      (2) The name and address of each person to whom expenditures were made, and the

amount and purpose of each expenditure; and

      (3) The name and address of each elected official and candidate for elected office to

whom a contribution was made, and the amount of the contribution.

      (d) The board of elections may reject the use by a political action committee of a name

which is misleading and/or does not accurately identify the membership or contributor base of the

committee.

      (e) If a political action committee derives more than fifty percent (50%) of its funds from

the employees, officers, directors, investors, and/or stockholders of a corporation or other

business entity, the name of the political action committee must incorporate the name of that

corporation or business entity. If a political action committee derives more than fifty percent

(50%) of its funds from persons affiliated with one industry, profession, trade organization, or

association or labor union, the name of the political action committee must identify that industry,

profession, trade organization or association, or labor union.

      (f) Notwithstanding any provision to the contrary, a political action committee organized

exclusively for the purpose of promoting or opposing a ballot question may bexpend in excess of

twenty-five thousand dollars ($25,000) to promote or oppose that referendum, and shall not be

subject to the requirement of making contributions to at least five (5) candidates; and the political

action committee shall terminate all activity within thirty (30) days following that election.

 

     SECTION 2. Title 17 of the General Laws entitled "Elections" is hereby amended by

adding thereto the following chapter:

 

     CHAPTER 25.2

BALLOT QUESTION ADVOCACY AND REPORTING

 

     17-25.2-1. Short title. -- This chapter shall be known and may be cited as the "Rhode

Island Ballot Question Advocacy and Reporting Act".

 

     17-25.2-2. Declaration of policy -- It is declared to be in the public interest and to be the

policy of the state to foster greater participation in ballot question advocacy in a transparent and

open manner and to provide the public with sufficient information regarding the source of

contributions received and expenditures made for ballot question advocacy.

 

     17-25.2-3. Definitions. -- As used in this chapter, unless a different meaning clearly

appears from the context:

     (1) "Ballot question" means any question, charter change, constitutional amendment,

referendum or voter initiated petition placed on any state, district, city, town or municipal ballot

for a general or special election.

     (2) "Ballot question advocacy" means advocating the passage or defeat of a ballot

question.

     (3) "Ballot question advocate" means any person making an expenditure with a

cumulative total that exceeds one thousand dollars ($1,000) in a calendar year for ballot-question

advocacy on a particular ballot question.

     (4) "Contributions" means donations to a ballot-question advocate in the form of money,

gifts, loans, paid personal services, or in-kind contributions as defined herein.

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

personal services donated to any person required to file reports with the board of elections, except

for newsletters and other communications paid for and transmitted by an organization to its own

members and not to the general public;

     (6) "Paid personal services" means personal services of every kind and nature, the cost or

consideration for which is paid or provided by someone other than the ballot-question advocate

for whom the services are rendered, but shall not include personal services provided without

compensation by persons volunteering their time.

     (7) "Expenditures" means the payment for any goods and services for the purpose of

ballot-question advocacy as set forth in this paragraph:

     (i) any media advertising services or products, including, but not limited to, newspapers,

radio stations or television stations;

     (ii) general advertising in letters, brochures, flyers, handbills, lawn signs, posters, bumper

stickers, buttons or other materials except for newsletters and other communications paid for and

transmitted by an organization to its own members and not to the general public; or

     (iii) paid personal services donated to any ballot-question advocate including advertising

agency services or other professional services including accounting services, printing, secretarial

services, public opinion polls, research and professional campaign consultation or management,

media production or computer services. A written contract, agreement or promise to make an

expenditure, is an expenditure as of the date such contract expenditure or obligation is made.

     (8) "Person" means any individual, partnership, committee, association, corporation, city,

town, or other governmental unit and any other organization.

     (9) "Election cycle" means the twenty-four (24) month period commencing on January 1

of odd number years and ending on December 31 of even number years.

 

     17-25.2-4. No limitations on contributions or expenditures. -- Nothing contained in

this chapter shall be construed to limit the amount of monies contributed to or expended by a

ballot-question advocate for the purpose of ballot-question advocacy.

 

     17-25.2-5. Reporting by ballot question advocates. -- (a) Every ballot-question

advocate shall file periodic reports signed by an individual responsible for its contents on a form

prescribed by the board of elections setting forth the name and address of the ballot-question

advocate, including any other name under which the ballot-question advocate conducts ballot-

question advocacy, the name and address of the person filing the report; and

     (1) the name, address and, if applicable, the place of employment of each person making

a contribution or contributions that in the aggregate exceed one thousand-eight hundred dollars

($1,800) per election cycle to a ballot-question advocate for purposes of ballot question advocacy

and the amount contributed by each person or source; provided, however, this information shall

be reported only if:

     (i) the contributions received by a ballot-question advocate are solicited in any way,

including by written, electronic, or verbal means, by the ballot-question advocate specifically for

ballot-question advocacy; or

     (ii) the contributions were specifically designated by the contributor for ballot-question

advocacy; or

     (iii) the ballot question advocate knew or had reason to know that the contributor

intended or expected that the majority of the contributions be used for ballot question advocacy;

and

     (2) the name and address of every person or entity receiving an expenditure for ballot-

question advocacy, which in the aggregate exceeds one hundred dollars ($100), the amount of

each expenditure for ballot-question advocacy, and the total amount of expenditures for ballot-

question advocacy made by the ballot-question advocate as of the last report date; and

     (3) a statement of the position of the ballot-question advocate in support of or opposition

to the ballot-question; and

     (4) the names and addresses of all identified member or endorsing organizations,

corporations, and/or associations that authorize the ballot-question advocate to represent to the

public that they support the positions of the ballot-question advocate; and

     (5) the name and address of at least one of the officers of the ballot question advocate, if

any, or one individual that is responsible for the ballot question advocate's compliance with the

provisions of this act.

     (b) The first report must be filed by a ballot-question advocate for the period beginning

when the ballot-question advocate expends a cumulative total that exceeds one thousand dollars

($1,000) for ballot-question advocacy and ending the last day of the first full month following

such date, to be filed with the board of elections due no later than seven (7) days after the end of

the month. A ballot-question advocate must thereafter file calendar month reports with the board

of elections due no later than seven (7) days after the end of the month; provided, that in lieu of

filing for the last full calendar month preceding the ballot question election, a report must be filed

due no later than seven (7) days before the election.

     (c) A ballot-question advocate must file a final report of contributions received and

expenditures made for ballot-question advocacy no later than thirty (30) days after the election for

the ballot question is held subject to the provisions of section 17-25.2-6. All reports filed with the

board of elections must be received no later than 4:00 p.m. on the due date.

     (d)(1) The board of elections may, for good cause shown and upon receipt of a written or

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

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

and further if the election for the ballot question is to be held less than seven (7) days from the

report due date and time, the report must be filed prior to the election date.

     (2) Any ballot-question advocate required to file reports with the board of elections

pursuant to this section and who has not filed the report by the required date and time, unless

granted an extension by the board, shall be fined twenty-five dollars ($25.00).

     (3) The board of elections shall send a notice of noncompliance, by certified mail, to the

ballot-question advocate who fails to file the reports required by this section. A ballot-question

advocate that has been sent a notice of noncompliance and fails to file the required report within

seven (7) days of the receipt of the notice shall be fined two dollars ($2.00) per day from the date

of the receipt of the notice of noncompliance until the day the report is received by the board of

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

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

 

     17-25.2-6. Monies not expended on ballot measure. -- (a) At the time of the filing of

the final report required by subsection 17-25.2-5(c), any contributions received for ballot question

advocacy and remaining with a ballot question advocate that exceed one thousand dollars

($1,000) and have not been expended shall be disbursed in one or more of the following four (4)

manners:

     (1) Transferal in whole or in part into another ballot question advocate account which has

a purpose related to or consistent with that of the donating ballot question advocate;

     (2) Donations to or retention by a nonprofit organization recognized under section 501(c)

of the Internal Revenue Code of 1986, 26 U.S.C. section 501, or any subsequent corresponding

internal revenue code of the United States as from time to time amended;

     (3) Donations to the state of Rhode Island; or

     (4) Refund to the donor.

     (b) The ballot question advocate must annually report to the board of elections by June 30

of the calendar year any such remaining contributions and shall report distributions of any such

remaining contributions within thirty (30) days of such distributions.

 

     17-25.2-7. Disclosure of true origin of contributions required. -- (a) No person shall

make a contribution to a ballot-question advocate for the purpose of ballot-question advocacy in

any name except its own or in any manner for the purpose of disguising the true origin of the

contribution.

     (b) No person shall form or use a corporation or other legal entity to advocate for the

approval or defeat of a ballot question with the intent to:

     (1) disguise the true origin of the funds; or

     (2) evade the reporting requirements of this act.

 

     17-25.2-8. Duties and powers of the board of elections. -- The board of elections is

authorized to perform any duties that are necessary to implement the provisions of this chapter.

Without limiting the generality of this provision, the board of elections is authorized and

empowered to undertake all actions set forth in section 17-25-5.

 

     17-25.2-9. Penalties for violation. -- (a) Whenever the board of elections has reason to

believe that a ballot-question advocate willfully and knowingly made a false statement in any

report required under this chapter or failed to file any report, or has otherwise violated this

chapter, the board of elections may, in addition to all other actions authorized by law, request the

attorney general to bring an action in the name of the state of Rhode Island in the superior court

against the person signing any such report and/or organization to enjoin them from continuing the

violation, or doing any acts in furtherance of the violation, and for any other relief the court

deems appropriate. In addition, the court may order the forfeiture of any and all contributions not

reported in violation of this chapter.

     (b) The court may also impose a civil penalty for any violation of this act up to but not

exceeding three (3) times the amount of:

     (1) Contributions and/or expenditures made or accepted in violation of this chapter;

and/or

     (2) Contributions or expenditures not reported as required by this chapter.

      (c) All funds collected pursuant to this section shall be deposited in the fund established

by the state for public information and education regarding the election process.

 

     17-25.2-10. Severability. -- If any provision of this chapter or the application thereof

shall for any reason be judged invalid, that judgment shall not affect, impair or invalidate the

remainder of the law, but shall be confined in its effect to the provisions or application directly

involved in the controversy giving rise to the judgment.

 

     SECTION 3. Sections 17-25.1-1, 17-25.1-2, 17-25.1-3, 17-25.1-4, 17-25.1-5 and 17-

25.1-6 of the General Laws in Chapter 17-25.1 entitled "Gambling Referenda" are hereby

repealed.

 

     17-25.1-1. Registration of political action committees -- Limits on financial

contributions. -- (a) Any "political action committee", as defined in chapter 25 of title 17,

advocating the approval or rejection of any gambling questions shall, in addition to the

requirements of chapter 25 of title 17, register with the secretary of state by submitting upon the

appropriate form its name, and the names and addresses of the chairperson and its treasurer who

shall be eligible voters in the referendum election in question. A "gambling question" is defined

as any referendum that relates to a proposal to institute gambling in any form.

      (b) No individual, partnership, committee, association, corporation, or any other

organization shall contribute to any political action committee in excess of one thousand dollars

($1,000) in aggregate for advocating the approval or rejection of any gambling question.

 

     17-25.1-2. Penalties for violation. -- Any person who willfully and knowingly violates

the provisions of this chapter shall, upon conviction, be guilty of a felony and shall be imprisoned

for a term not exceeding two (2) years, or fined not more than five thousand dollars ($5,000), or

both.

 

     17-25.1-3. Registration of advocates. -- (a) Every "person," as defined in chapter 25 of

this title, advocating the approval or rejection of any gambling question, shall, in addition to any

applicable requirement of chapter 25 and 25.1 of this title, register with the secretary of state and

the board of elections by submitting upon the appropriate form its name, and the name and

address of each member of its board or directors, partner(s), or officer(s), or, if an individual,

such individual's name and address as well as any person providing funding of five hundred

dollars ($500) or more to the organization. A "gambling question" is defined as any referendum

that relates to a proposal to institute a casino within the state or to otherwise expand gambling in

any form.

      (b) Before making an expenditure to advocate the approval or rejection of any gambling

question, a person must register with the secretary of state and the board of elections and file a

registration statement.

      (c) A registration statement must contain the following information:

      (1) The name and address of the person or entity.

      (2) The name and address of the designated treasurer and deputy treasurer, if a deputy

treasurer is appointed.

      (3) The name, address and title of all other principle officers, directors, partners of the

entity or committee.

      (4) The name and address of a depository institution in the state of Rhode Island in

which a single checking account has been established for the funds of the person or entity.

      (5) The name and address of any person or entity providing five hundred dollars ($500)

or more, directly or indirectly, to a person or entity registering and reporting pursuant to this

section.

      (6) Whether or not the person or entity has any direct or indirect affiliation with any

entity or person that operates or owns any type or kind of gambling facility or entity in any

jurisdiction within or outside of the state and, if so, the name of such facility or entity.

      (d) Every "person" as defined in chapter 25 of this title, shall supplement its registration

form if there is a change in the name or address of any member of its board of directors, partners

or officers, or if there is a change in an individual's name or address. Failure to notify the board of

elections of changes may be considered by the board of elections in assessing civil penalties for

late or incomplete reports filed by any person or entity.

 

     17-25.1-4. Reports. -- Every "person" as defined in chapter 25 of this title, spending a

cumulative total of five hundred dollars ($500) or more for the purpose of advocating the

approval or rejection of any gambling question, shall report each such expenditure to the board of

elections on a form prescribed by the board of elections not later than ten (10) days after each

expenditure is made. The report must include the name, address, principal occupation, employer

of the person filing the report, the name and address of the person or entity receiving the

expenditure, the amount of each expenditure, and the total amount of expenditures made, at that

date, by that person or entity during the calendar year. "Expenditures" shall include the furnishing

of or payment for any media advertising services or products, including, but not limited to,

newspapers, radio stations, television stations or electronic mail, general advertising, in

brochures, pamphlets and the like, advertising agency services, accounting services, billboards,

printing, secretarial services, public opinion polls, or research and professional campaign

consultation or management, media production, or computer services, which advocate a position

on a gambling question.

 

     17-25.1-5. Disclosure of advertising activities. -- Every "person" as defined in chapter

25 of this title, who makes an expenditure for a mass mailing, for distribution of campaign

literature of any sort, for a television, radio, newspaper, or magazine advertisement, or any other

communication that advocates the approval or rejection of any gambling question shall:

      (1) Comply with section 17-25.1-4; and

      (2) Place the following statement in the mailing, literature, advertisement or other

communication so that it is readily and easily discernible:

      "This NOTICE TO VOTERS is required by Rhode Island law. (I/we) certify that this

(mailing/literature/advertisement) is paid for and approved by (name of person)."

 

     17-25.1-6. Severability. -- If any provision of this chapter or the application thereof shall

for any reason be judged invalid, that judgment shall not affect, impair, or invalidate the

remainder of the law, but shall be confined in its effect to the provision or application directly

involved in the controversy giving rise to the judgment.

 

     SECTION 4. Chapter 17-25.1 of the General Laws entitled "Gambling Referenda" is

hereby amended by adding thereto the following section:

 

     17-25.1-1.1. Gambling referenda -- Ballot question advocates. – Any "ballot question

advocate", as defined in chapter 25.2 of title 17, advocating the passage or defeat of any gambling

question shall, in addition to complying with and being subject to the provisions of chapter 25.2

of title 17, include in its reports filed under said chapter the following: (i) the name, address and,

if applicable, the place of employment of every person making a contribution or contributions

that in the aggregate exceed one thousand eight hundred dollars ($1,800) per election cycle to

such ballot question advocate; and (ii) whether or not such contributor has any direct or indirect

affiliation with any entity or person that operates or owns any type or kind of gambling facility or

entity in any jurisdiction and, if so, the name of such facility or entity. "Gambling question"

means any referendum that relates to a proposal to institute a casino within the state or to

otherwise expand gambling in any form.

     

SECTION 5. This act shall take effect upon passage.

     

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LC02223/19

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