Chapter
223
2007 -- H 5969
Enacted 07/03/07
A N A C T
RELATING TO ELECTIONS
-- MATCHING PUBLIC FUNDS
Introduced By: Representatives Handy, Naughton, Ajello, Lima, and Jacquard
Date Introduced: March 01,
2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 17-25-20 and 17-25-30 of the General Laws in Chapter 17-25
entitled
"Rhode Island Campaign Contributions and Expenditures Reporting" are
hereby amended
to read
as follows:
17-25-20.
Eligibility criteria for matching public funds. -- In order to receive
matching
public
funds under section 17-25-19, a qualifying candidate must comply with the
following
requirements:
(1) The candidate must sign a statement under oath, as provided for in section
17-25-19,
pledging
to comply with the limitations on contributions and expenditures for election
purposes
and with
all the terms and conditions set forth in this chapter. Upon the filing of the
statement, a
candidate
for general office shall be bound to abide by the limitations on contributions
and
expenditures
set forth in this chapter and may not withdraw from his or her obligation to
abide by
these
restrictions.
(2) (i) Subject to the provisions of paragraph (ii) of this subdivision, no
participating
candidate
shall either receive or expend for election purposes more than a total of
public and
private
funds in the sum of one million five hundred thousand dollars ($1,500,000) in
an election
cycle.
No participating candidate for general office other than governor shall receive
or expend
for
election purposes more than a total of public and private funds in the sum of
three hundred
seventy-five
thousand dollars ($375,000) in an election cycle.
(ii) The limitations on contributions received from private sources, matching
funds
available
from the state, and total permitted expenditures shall apply in the 1994
general election
and,
subject to appropriations by the general assembly, shall increase by a
percentage to be
determined
by the board of elections in January of each year in which a general election
involving
general
offices is held, beginning in 1998. In no case shall the increase exceed the
total increase
in the
consumer price index since the month in which the previous general election
involving
general
was held.
(3) (i) Only the first two thousand dollars ($2,000) of the aggregate private
monetary
contributions
from a single private source within an election cycle shall be eligible for
matching
public
funds for candidates for governor; provided, that the entire amount contributed
shall be
considered
toward the dollar limits provided in subdivision (2) of this section.
(ii) Only the first one thousand dollars ($1,000) of the aggregate private
monetary
contributions
from a single private source within an election cycle shall be eligible for
matching
public
funds for candidates for lieutenant governor, secretary of state, attorney
general, and
general
treasurer; provided, that the entire amount contributed shall be considered
toward the
dollar
limits provided for in subdivision (2) of this section.
(iii) Any private funds lawfully contributed during the current election cycle
shall be
eligible
for matching public funds subject to the terms and conditions of this section,
and private
funds
donated during a preceding election cycle shall not be eligible for matching
public funds.
(4) The direct costs incurred in connection with raising campaign funds on
behalf of a
candidate
shall not be deemed to be expenditures for the purposes of the limitations on
expenditures
set forth in subdivision (2) of this section. Direct costs shall include costs
of printing
and
mailing invitations to fundraising events, solicitations for contributions,
costs of hosting
fundraising
events, and travel to those events, but shall not include any portion of the
salary or
wages of
campaign employees, nor the cost of any radio, television, or printed
advertisement. The
cost of
a fundraising event must be less than the amount of money realized from the
gross
proceeds
generated by the fundraising event in order to qualify for this exclusion.
(5) If a candidate who has accepted public funds makes expenditures in excess
of the
permitted
amounts, the candidate shall be liable for a civil assessment payable to the
state in an
amount
equal to three (3) times the amount of excess funds expended. In addition, the
candidate
shall be
ineligible for further participation in the public financing program during the
same
election
cycle.
(6) In order to receive payments under this section, any independent candidate
shall first
meet the
following additional minimum requirements:
(i) Raise an amount in qualified private contributions equal to twenty percent
(20%) of
the
total amount eligible to be matched for election as to the office sought;
(ii) Receive private contributions from a minimum of two hundred fifty (250)
individuals
contributing
at least twenty-five dollars ($25.00) each; and
(iii) Comply with any and all applicable nomination provisions in this title
and qualify
for the
general election ballot pursuant to the process set forth in this title.
(7) No public funds received by any candidate pursuant to sections 17-25-19 --
17-25-27
of this
chapter and no private funds used to qualify for the public funds shall be
expended by the
candidate
for any purpose except to pay reasonable and necessary expenses directly
related to the
candidate's
campaign.
(8) No public funds shall be expended by the candidate, except for one or more
of the
following
uses directly related to the campaign of the candidate:
(i) Purchase of time on radio or television stations; provided, however, the
content of all
television
time shall include captioning for the deaf and hard of hearing and the content
of all
radio
time must be available in a written or text format at the time of request;
(ii) Purchase of rental space on outdoor signs or billboards;
(iii) Purchase of advertising space in newspapers and regularly published
magazines and
periodicals;
(iv) Payment of the cost of producing the material aired or displayed on radio,
television,
outdoor
signs or billboards, and in newspapers, regularly published magazines, and
periodicals;
(v) Payment of the cost of printing and mailing campaign literature and
brochures;
(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign
paraphernalia;
(vii) Payment of the cost of legal and accounting expenses incurred in
complying with
the
public financing law and regulations as required by this chapter;
(viii) Payment of the cost of telephone deposits, installation charges, and
monthly
billings
in excess of deposits;
(ix) Payment of the costs of public opinion polls and surveys; and
(x) Payment of rent, utilities and associated expenses connected with the
operation of an
election
headquarters or satellite election offices.
(9) Contributions received and expended by any candidate for the purpose of
defraying
any
expense or satisfying any loan obligations incurred prior to January 1, 1991,
by the candidate
in
furtherance of his or her candidacy in a previous election cycle, as defined in
section 17-25-
3(5),
shall not be counted toward any contribution or expenditure limitation in
sections 17-25-18 -
-
17-25-27.
(10) No candidate who has elected to receive public funds shall contribute to
or loan to
his or
her own campaign a sum in excess of five percent (5%) of the total amount that
a candidate
is
permitted to expend in a campaign for the office pursuant to sections 17-25-19
and 17-25-21.
17-25-30.
Public financing of election campaigns -- Compliance benefits. -- Any
candidate
eligible to receive public funds who complies in full with all eligibility
criteria for
receipt
of the funds shall be:
(1) Entitled to an additional benefit of free time on community antenna
television to be
allocated
pursuant to rules determined by the administrator for the division of public
utilities.
During
all allocated free time, the candidate shall personally appear and present the
message of
the
advertisement; provided, however, the content of all television time shall
include captioning
for
the deaf and hard of hearing and the content of all radio time must be
available in a written or
text
format at the time of request;
(2) Entitled to an additional benefit of free time on any public broadcasting
station
operating
under the jurisdiction of the Rhode Island public telecommunications authority
pursuant
to rules determined by the authority. During all allocated free time, the
candidate shall
personally
appear and personally present the message of the advertisement; provided,
however,
the
content of all television time shall include captioning for the deaf and hard
of hearing and the
content
of all radio time must be available in a written or text format at the time of
request; and
(3) Entitled to accept a contribution or contributions that in the aggregate do
not exceed
two
thousand dollars ($2,000) from any person or political action committee within
a calendar
year.
SECTION
2. This act shall take effect on January 1, 2008.
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LC01518
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