Chapter 229

2011 -- S 0233

Enacted 07/07/11

 

A N A C T

RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORTING

          

     Introduced By: Senators Lynch, Picard, and DiPalma

     Date Introduced: February 09, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-25-19, 17-25-20, 17-25-22, 17-25-23 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:

 

     17-25-19. Public financing of election campaigns -- Outlined. -- (a) To effectuate the

purpose stated in section 17-25-18, public funds shall be made available under the terms and

conditions of this section and sections 17-25-20 -- 17-25-27 to qualifying candidates for general

office who agree to abide by a limitation on the total amount of campaign contributions received

and expenditures made for election purposes.

      (b) The nominees Candidates for general office of each political party, as defined in

section 17-1-2(9), and independent candidates for those offices who meet the requirements set

forth in section 17-25-20(6), shall be eligible to receive two dollars ($2.00) of public funds for

each qualified dollar ($1.00) of private funds contributed which do not exceed an aggregate of

five hundred dollars ($500) from a single source within an election cycle and one dollar ($1.00)

of public funds for each qualified dollar ($1.00) of private funds contributed which exceed an

aggregate of five hundred dollars ($500) from a single source within an election cycle but do not

exceed the limitations on aggregate contributions which are eligible to be matched set in subdivision

17-25-20(3), subject to the provisions of subdivision 17-25-20(2). The total amount of public funds

provided to a candidate shall not exceed seven hundred fifty thousand dollars ($750,000) in

matching funds for a total of one million five hundred thousand dollars ($1,500,000) for

candidates for governor; and one hundred eighty-seven thousand five hundred dollars ($187,500)

in matching funds for a total of three hundred seventy-five thousand dollars ($375,000) for

candidates for other general offices.

      (c) In order to be eligible for matching public funds, each candidate at the time he or she

becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last day

for filing declarations of candidacy for general office, must sign a statement under oath pledging

to comply with the limitations on campaign contributions and expenditures and with all of the

terms and conditions set forth in this chapter. Any candidate who fails to file the statement with

his or her declaration for office shall be ineligible to receive public funds.

 

     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, computer/Internet/electronic

device, 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 for

general office 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 for candidates for governor and receive

private contributions from a minimum of one hundred (100) individuals contributing at least

twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state,

attorney general and general treasurer; 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 on the computer/Internet/electronic device and 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 computer/Internet/electronic device 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 subdivision 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.

 

     17-25-22. Time period for payment of public funds. -- (a) No public funds shall be

dispersed to candidates until after the date of the primary election. In order to receive matching

public funds, the candidate must be the nominee for general office of a political party, as defined

in section 17-12.1-12, or an independent a candidate for general office who meets all of the

requirements set forth in subdivision 17-25-20(6). The candidate must submit to the board of elections

proof of receipt of qualifying private contributions and supporting documentation as required by

the board. The board of elections shall, within five (5) business days of the receipt of the request

for payment of matching funds, either pay over funds to the candidate or disallow all or a portion

of the request and state in writing the reasons for the disallowance.

      (b) A candidate may submit supplemental applications for public funds until the time

that the permitted limits are reached.

 

     17-25-23. Funds expended by person, committee of a political party, or political

action committee -- Private expenditure. -- For the purposes of sections 17-25-19 and 17-25-

20, any funds expended by a person, committee of a political party, or political action committee

to directly influence the outcome of the electoral contest involving the candidate shall be

considered a contribution received by or an expenditure made by the candidate for general office,

or if one or more of the following relationships between the candidate and the person, committee

of a political party, or political action committee is present:

      (1) There is any arrangement, coordination, or direction with respect to the expenditure

between the candidate or the candidate's agent and the person making the expenditure;

      (2) In the same election cycle, the person making the expenditure, including any officer,

director, employee, or agent of the person, is or has been authorized to raise or expend funds on

behalf of the candidate or the candidate's authorized committees, or is or has been an officer of

the candidate's authorized committees, or is or has been receiving any form of compensation or

reimbursement from the candidate, the candidate's authorized committees, or the candidate's

agent;

      (3) The person making the expenditure, including any officer, director, employee, or

agent of the person, has communicated with, advised, or counseled the candidate or the

candidate's agents at any time on the candidate's plans, projects, or needs relating to the

candidate's pursuit of election to general office in the same election cycle, including any advice

relating to the candidate's decision to seek election to general office;

      (4) The person making the expenditure retains the professional services of any individual

or other person also providing those services to the candidate in connection with the candidate's

pursuit of election to general office in the same election cycle, including any services relating to

the candidate's decision to seek election to general office;

      (5) The person making the expenditure, including any officer, director, employer, or

agent of the person, has communicated or consulted at any time during the same election cycle

about the candidate's plans, projects, or needs relating to the candidate's pursuit of election to

general office, with:

      (i) Any officer, director, employee, or agent of a party committee that has made or

intends to make expenditures or contributions, in connection with the candidate's campaign; or

      (ii) Any person whose professional services have been retained by a political party

committee that has made or intends to make expenditures or contributions;

      (6) The expenditure is based on information provided to the person making the

expenditure directly or indirectly by the candidate or the candidate's agents about the candidate's

plans, projects, or needs; provided, that the candidate or the candidate's agents are aware that the

other person has made or is planning to make expenditures expressly advocating the candidate's

election; or

      (7) The expenditure is made by a person with the intention of seeking or obtaining any

governmental benefit or consideration from the candidate by reason of the expenditure.

 

     17-25-30. Public financing of election campaigns -- Compliance benefits. -- (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; and

      (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 upon passage.

     

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LC00685

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