Bill Text: AZ SB1741 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced


Bill Title: Campaign finance; repeal; reenactment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-02-04 - Senate read second time [SB1741 Detail]

Download: Arizona-2021-SB1741-Introduced.html

 

 

 

REFERENCE TITLE: campaign finance; repeal; reenactment.

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

SB 1741

 

Introduced by

Senator Navarrete

 

 

AN ACT

 

Repealing section 16-901, Arizona Revised Statutes; repealing Title 16, chapter 6, articles 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7, Arizona Revised Statutes; amending Title 16, chapter 6, article 1, Arizona Revised Statutes, by adding new sections 16-901, 16-902, 16-902.01, 16-902.02, 16-903, 16-904, 16-905, 16-906, 16-907, 16-911, 16-912, 16-912.01, 16-913, 16-913.01, 16-914, 16-914.01, 16-914.02, 16-915, 16-915.01, 16-916, 16-916.01, 16-916.02, 16-917, 16-918, 16-919, 16-920, 16-921, 16-922, 16-923, 16-924 and 16-925; relating to campaign contributions and expenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

A. Section 16-901, Arizona Revised Statutes, is repealed.

B. Title 16, chapter 6, articles 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7, Arizona Revised Statutes, are repealed.

Sec. 2. Title 16, chapter 6, article 1, Arizona Revised Statutes, is amended by adding new sections 16-901, 16-902, 16-902.01, 16-902.02, 16-903, 16-904, 16-905, 16-906, 16-907, 16-911, 16-912, 16-912.01, 16-913, 16-913.01, 16-914, 16-914.01, 16-914.02, 16-915, 16-915.01, 16-916, 16-916.01, 16-916.02, 16-917, 16-918, 16-919, 16-920, 16-921, 16-922, 16-923, 16-924 and 16-925, to read:

START_STATUTE16-901. Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means, with respect to any person other than a candidate, any person who has oral or written authority, either express or implied, to make or authorize the making of expenditures as defined in this section on behalf of a candidate, any person who has been authorized by the treasurer of a political committee to make or authorize the making of expenditures or a political consultant for a candidate or political committee.

2. "Candidate" means an individual who receives or gives consent for receipt of a contribution for the individual's nomination for or election to any office in this state other than a federal office.

3. "Candidate's campaign committee" means a political committee that is designated and authorized by a candidate.

4. "Clearly identified candidate" means that the name, a photograph or a drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference.

5. "Contribution" means any gift, subscription, loan, advance or deposit of money or anything of value made for the purpose of influencing an election including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer and:

(a) Includes all of the following:

(i) A contribution made to retire campaign debt.

(ii) Money or the fair market value of anything directly or indirectly given or loaned to an elected official for the purpose of defraying the expense of communications with constituents, regardless of whether the elected official has declared the elected official's candidacy.

(iii) The entire amount paid to a political committee to attend a fund-raising or other political event and the entire amount paid to a political committee as the purchase price for a fund-raising meal or item, except that no contribution results if the actual cost of the meal or fund-raising item, based on the amount charged to the committee by the vendor, constitutes the entire amount paid by the purchaser for the meal or item, the meal or item is for the purchaser's personal use and not for resale and the actual cost is the entire amount paid by the purchaser in connection with the event. This exception does not apply to auction items.

(iv) Unless specifically exempted, the provision of goods or services without charge or at a charge that is less than the usual and normal charge for such goods and services.  The acquisition or use of campaign assets by a committee that are paid for with the candidate's personal monies, including campaign signs and other similar promotional materials, is a contribution and is reportable by the candidate's campaign committee as a contribution to the campaign.

(b) Does not include any of the following:

(i) The value of services provided without compensation by any individual who volunteers on behalf of a candidate, a candidate's campaign committee or any other political committee.

(ii) Money or the value of anything directly or indirectly provided to defray the expense of an elected official meeting with constituents if the elected official is engaged in the performance of the duties of the elected official's office or provided by the state or a political subdivision to an elected official for communication with constituents if the elected official is engaged in the performance of the duties of the elected official's office.

(iii) The use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, that is obtained by an individual in the course of volunteering personal services to any candidate, candidate's committee or political party, and the cost of invitations, food and beverages voluntarily provided by an individual to any candidate, candidate's campaign committee or political party in rendering voluntary personal services on the individual's residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of the invitations, food and beverages provided by the individual on behalf of any single candidate does not exceed $100 with respect to any single election.

(iv) Any unreimbursed payment for personal travel expenses made by an individual who on the individual's own behalf volunteers the individual's personal services to a candidate.

(v) The payment by a political party for party operating expenses, party staff and personnel, party newsletters and reports, voter registration and efforts to increase voter turnout, party organization building and maintenance and printing and postage expenses for slate cards, sample ballots, other written materials that substantially promote three or more nominees of the party for public office and other election activities not related to a specific candidate, except that this item does not apply to costs incurred with respect to a display of the listing of candidates made on telecommunications systems or in newspapers, magazines or similar types of general circulation advertising.

(vi) Independent expenditures.

(vii) Monies loaned by a state bank, a federally chartered depository institution or a depository institution the deposits or accounts of which are insured by the federal deposit insurance corporation or the national credit union administration, other than an overdraft made with respect to a checking or savings account, that is made in accordance with applicable law and in the ordinary course of business.  In order for this exemption to apply, this loan shall be deemed a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors, the loan shall be made on a basis that ensures repayment, evidenced by a written instrument, shall be subject to a due date or amortization schedule and shall bear the usual and customary interest rate of the lending institution.

(viii) A gift, subscription, loan, advance or deposit of money or anything of value to a national or a state committee of a political party specifically designated to defray any cost for the construction or purchase of an office facility not acquired for the purpose of influencing the election of a candidate in any particular election.

(ix) Legal or accounting services rendered to or on behalf of a political committee or a candidate, if the only person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of compliance with this title.

(x) The payment by a political party of the costs of campaign materials, including pins, bumper stickers, handbills, brochures, posters, party tabloids and yard signs, used by the party in connection with volunteer activities on behalf of any nominee of the party or the payment by a state or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by the committee if the payments are not for the costs of campaign materials or activities used in connection with any telecommunication, newspaper, magazine, billboard, direct mail or similar type of general public communication or political advertising.

(xi) Transfers between political committees to distribute monies raised through a joint fund-raising effort in the same proportion to each committee's share of the fund-raising expenses and payments from one political committee to another in reimbursement of a committee's proportionate share of its expenses in connection with a joint fund-raising effort.

(xii) An extension of credit for goods and services made in the ordinary course of the creditor's business if the terms are substantially similar to extensions of credit to nonpolitical debtors that are of similar risk and size of obligation and if the creditor makes a commercially reasonable attempt to collect the debt, except that any extension of credit under this item made for the purpose of influencing an election that remains unsatisfied by the candidate after six months, notwithstanding good faith collection efforts by the creditor, shall be deemed receipt of a contribution by the candidate but not a contribution by the creditor.

(xiii) Interest or dividends earned by a political committee on any bank accounts, deposits or other investments of the political committee.

6. "Earmarked" means a designation, instruction or encumbrance that results in all or any part of a contribution or expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate's campaign committee.

7. "Election" means any election for any initiative, referendum or other ballot measure, question or proposition or a primary, general, recall, special or runoff election for any office in this state other than the office of precinct committeeman and other than a federal office. For the purposes of sections 16-903 and 16-905, the general election includes the primary election.

8. "Election cycle" means the period beginning twenty-one days after a general election and ending twenty days after the next successive general election for a particular elected office for the purposes of sections 16-903 and 16-905.

9. "Expenditures" includes any purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made by a person for the purpose of influencing an election in this state including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer and a contract, promise or agreement to make an expenditure resulting in an extension of credit and the value of any in-kind contribution received. Expenditure does not include any of the following:

(a) A news story, commentary or editorial distributed through the facilities of any telecommunications system, newspaper, magazine or other periodical publication, unless the facilities are owned or controlled by a political committee, political party or candidate.

(b) Nonpartisan activity that is designed to encourage individuals to vote or to register to vote.

(c) The payment by a political party of the costs of preparation, display, mailing or other distribution incurred by the party with respect to any printed slate card, sample ballot or other printed listing of three or more candidates for any public office for which an election is held, except that this subdivision does not apply to costs incurred by the party with respect to a display of any listing of candidates made on any telecommunications system or in newspapers, magazines or similar types of general public political advertising.

(d) The payment by a political party of the costs of campaign materials, including pins, bumper stickers, handbills, brochures, posters, party tabloids and yard signs, used by the party in connection with volunteer activities on behalf of any nominee of the party or the payment by a state or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by the committee if the payments are not for the costs of campaign materials or activities used in connection with any telecommunications system, newspaper, magazine, billboard, direct mail or similar type of general public communication or political advertising.

(e) Any deposit or other payment that is filed with the secretary of state or any other similar officer to pay any portion of the cost of printing an argument in a publicity pamphlet advocating or opposing a ballot measure.

10. "Exploratory committee" means a political committee that is formed for the purpose of determining whether an individual will become a candidate and that receives contributions or makes expenditures of more than $500 in connection with that purpose.

11. "Family contribution" means any contribution that is provided to a candidate's campaign committee by a parent, grandparent, spouse, child or sibling of the candidate or a parent or spouse of any of those persons.

12. "Filing officer" means the office that is designated by section 16-916 to conduct the duties prescribed by this chapter.

13. "Identification" means:

(a) For an individual, the individual's name and mailing address, the individual's occupation and the name of the individual's employer.

(b) For any other person, including a political committee, the full name and mailing address of the person. For a political committee, identification includes the identification number issued on the filing of a statement of organization pursuant to section 16-902.01.

14. "Incomplete contribution" means any contribution received by a political committee for which the contributor's mailing address, occupation, employer or identification number has not been obtained and is not in the possession of the political committee.

15. "Independent expenditure" means an expenditure by a person or political committee, other than a candidate's campaign committee, that expressly advocates the election or defeat of a clearly identified candidate, that is made without cooperation or consultation with any candidate or committee or agent of the candidate and that is not made in concert with or at the request or suggestion of a candidate, or any committee or agent of the candidate.  Independent expenditure includes an expenditure that is subject to the requirements of section 16-917, which requires a copy of campaign literature or advertisement to be sent to a candidate named or otherwise referred to in the literature or advertisement.

16. "In-kind contribution" means a contribution of goods or services or anything of value and not a monetary contribution.  The use by a candidate's campaign committee of a distinctive trade name, trademark or trade dress item, including a logo, that is owned by a business or other entity that is owned by that candidate or in which the candidate has a controlling interest is deemed to be an in-kind contribution to the candidate's campaign committee and shall be reported as otherwise prescribed by law.

17. "Itemized" means that each contribution received or expenditure made is set forth separately.

18. "Literature or advertisement" means information or materials that are mailed, distributed or placed in some medium of communication for the purpose of influencing the outcome of an election.

19. "Personal monies" means any of the following:

(a) Except as prescribed in paragraph 16 of this section, assets to which the candidate has a legal right of access or control at the time he becomes a candidate and with respect to which the candidate has either legal title or an equitable interest.

(b) Salary and other earned income from bona fide employment of the candidate, dividends and proceeds from the sale of the stocks or investments of the candidate, bequests to the candidate, income to the candidate from trusts established before candidacy, income to the candidate from trusts established by bequest after candidacy of which the candidate is a beneficiary, gifts to the candidate of a personal nature that have been customarily received before the candidacy and proceeds received by the candidate from lotteries and other legal games of chance.

(c) The proceeds of loans obtained by the candidate that are not contributions and for which the collateral or security is covered by subdivision (a) or (b) of this paragraph.

(d) Family contributions.

20. "Political committee" means any of the following:

(a) A candidate or a candidate's campaign committee.

(b) A separate, segregated fund established pursuant to section 16-920, subsection A, paragraph 3.

(c) An association or combination of persons that circulates petitions in support of the qualification of a ballot measure, question or proposition.

(d) An association or combination of persons that circulates a petition to recall a public officer.

(e) A political party.

(f) An association or combination of persons that meets both of the following requirements:

(i) Is organized, conducted or combined for the primary purpose of influencing the result of any election in this state or in any county, city, town or other political subdivision in this state, including a judicial retention election.

(ii) Knowingly receives contributions or makes expenditures of more than $500 in connection with any election during a calendar year, including a judicial retention election.

(g) A political organization.

(h) An exploratory committee.

21. "Political organization" means an organization that is formally affiliated with and recognized by a political party including a district committee organized pursuant to section 16-823.

22. "Political party" means the state committee as prescribed by section 16-825 or the county committee as prescribed by section 16-821 of an organization that meets the requirements for recognition as a political party pursuant to section 16-801, 16-802 or 16-804.

23. "Sponsoring organization" means any organization that establishes, administers or contributes financial support to the administration of, or that has common or overlapping membership or officers with, a political committee other than a candidate's campaign committee.

24. "Standing political committee" means a political committee that satisfies all of the following:

(a) Is active in more than one reporting jurisdiction in this state for more than one year.

(b) Files a statement of organization as prescribed by section 16-902.01, subsection F.

(c) Is any of the following as defined by paragraph 20 of this section:

(i) A separate, segregated fund.

(ii) A political party.

(iii) A political committee as prescribed by paragraph 20, subdivision (f) of this section and that is organized for the purpose of making independent expenditures.

(iv) A political organization.

25. "Statewide office" means the office of governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner or mine inspector.

26. "Surplus monies" means those monies of a political committee remaining after all of the committee's expenditures have been made and its debts have been extinguished. END_STATUTE

START_STATUTE16-902. Organization of political committees

A. Each political committee shall have a chairman and treasurer.  The position of chairman and treasurer of a single political committee may not be held by the same individual, except that a candidate may be chairman and treasurer of the candidate's own campaign committee.

B. The name of each political committee shall include the name of any sponsoring organization, and, in the case of a candidate's campaign committee, the committee's name shall include the name of the candidate, or, if for an exploratory committee, the individual, who designated the committee pursuant to section 16-903.

C. A political committee that accepts contributions or makes expenditures shall deposit contributions and make expenditures from one or more state banks, federally chartered depository institutions or depository institutions the deposits or accounts of which are insured by the federal deposit insurance corporation or the national credit union administration as its campaign depository or depositories.  The political committee shall notify the filing officer of the name of the financial institution at the time of filing the statement of organization pursuant to section 16-902.01 or 16-903. On meeting the definition of political committee pursuant to section 16-901, all withdrawals or disbursements from these accounts require the signature of the treasurer or a designated agent of the political committee. END_STATUTE

START_STATUTE16-902.01. Registration of political committees; contents; amendment

A. Except for a political committee as defined in section 16-901, paragraph 20, subdivision (f), each political committee that intends to accept contributions or make expenditures of more than $500 shall file a statement of organization with the filing officer in the format prescribed by the filing officer before accepting contributions, making expenditures, distributing any campaign literature or circulating petitions. A political committee as defined in section 16-901, paragraph 20, subdivision (f) shall file a statement of organization with the filing officer in the format prescribed by the filing officer within five business days after meeting the definition of political committee.

B. Except for a political committee as defined in section 16-901, paragraph 20, subdivision (f), each political committee that intends to accept contributions or make expenditures of $500 or less shall file a signed exemption statement in a form prescribed by the filing officer that states that intention before making any expenditures, accepting any contributions, distributing any campaign literature or circulating petitions. If a political committee that has filed a $500 threshold exemption statement receives contributions or makes expenditures of more than $500, that political committee shall file a statement of organization with the filing officer in the format prescribed by the filing officer within five business days after exceeding the $500 limit.

C. The statement of organization of a political committee shall include all of the following:

1. The name, address and type of committee.

2. The name, address, relationship and type of any sponsoring organization.

3. The names, addresses, telephone numbers, occupations and employers of the chairman and treasurer of the committee.

4. In the case of a candidate's campaign committee, the name, address, office sought and party affiliation of the candidate.

5. A listing of all banks, safety deposit boxes or other depositories used by the committee.

6. A statement that the chairman and treasurer have read all of the applicable laws relating to campaign finance and reporting.

D. Except as prescribed by subsection F of this section, on the filing of a statement of organization, a political committee shall be issued an identification number in the format prescribed by the filing officer.

E. The political committee shall file an amended statement of organization reporting any change in the information prescribed in subsections C and G of this section within five business days after the change.

F. A standing political committee shall file a statement of organization with the secretary of state and in each jurisdiction in which the committee is active, and only the secretary of state shall issue an identification number for the committee. The statement of organization shall include a statement with the notarized signature of the chairman or treasurer of the standing political committee that declares the committee's status as a standing political committee. The secretary of state may charge an annual fee for the filing.

G. For a political committee that makes expenditures in an attempt to influence the results of a ballot proposition election, the statement of organization shall include in the name of the political committee the official serial number for the petition, if assigned, and a statement as to whether the political committee supports or opposes the passage of the ballot measure. On completion of the designation of statewide ballot propositions by number as prescribed in section 19-125, the secretary of state is authorized to and shall amend the name of the political committee by attaching to the statement of organization the ballot proposition number as a substitute for the official serial number in the name of the political committee. The secretary of state shall promptly notify the political committee of the amended political committee name and shall make that information available to the public. END_STATUTE

START_STATUTE16-902.02. Out-of-state political committees; registration; initial reporting

A political committee that files a statement of organization in this state as prescribed by section 16-902.01, that is registered in another state or pursuant to federal law and that intends to use in this state monies raised before filing its statement of organization shall also file in the format prescribed by the filing officer complete copies of its previous campaign finance or other similar reports filed in those other jurisdictions that cover all contributions or receipts for the preceding two years. END_STATUTE

START_STATUTE16-903. Candidate's campaign committees; exploratory committees; designation; candidate as agent; civil penalty

A. Each candidate who intends to receive contributions or make expenditures of more than $500 in connection with a campaign for office shall designate in the format prescribed by the filing officer a political committee for each election cycle to serve as the candidate's campaign committee. The candidate shall make the designation pursuant to this subsection by filing a statement of organization before making any expenditures, accepting any contributions, distributing any campaign literature or circulating any petitions. Each candidate who intends to receive contributions or make expenditures of $500 or less shall file a signed exemption statement in the format prescribed by the filing officer that states that intention before making any expenditures, accepting any contributions, distributing any campaign literature or circulating petitions. If a candidate who has filed a $500 exemption statement receives contributions or makes expenditures of more than $500, that candidate shall file a statement of organization with the filing officer within five business days after exceeding the $500 limit.

B. An individual who receives contributions or makes expenditures of more than $500 for the purpose of determining whether the individual will become a candidate for election to an office in this state shall designate in the format prescribed by the filing officer a political committee to serve as the individual's exploratory committee. The individual shall make the designation pursuant to this subsection before making any expenditures, accepting any contributions, circulating any petitions or distributing any campaign literature.

C. An individual may have only one exploratory committee in existence at one time.  A candidate may have only one campaign committee designated for each election cycle, but a candidate may have more than one campaign committee simultaneously in existence.

D. A political committee that supports or has supported another candidate or more than one candidate may not be designated as a candidate's campaign committee.

E. Any candidate who receives a contribution or any loan for use in connection with the campaign of that candidate for election or who makes a disbursement in connection with that campaign shall be deemed as having received the contribution or loan or as having made the disbursement as an agent of the candidate's campaign committee for purposes of this article.

F. An elected official is not deemed to have offered himself for nomination or election to an office within the meaning of section 38-296 solely by the elected official's designation of a candidate campaign committee.

G. After designating an exploratory committee, a candidate may lawfully collect signatures on nomination petitions and receive contributions.

H. A person who violates this section is subject to a civil penalty imposed as prescribed in section 16-924 of up to three times the amount of money that has been received, expended or promised in violation of this section or up to three times the value in money for an equivalent of money or other things of value that have been received, expended or promised in violation of this section. END_STATUTE

START_STATUTE16-904. Treasurer; duties; records; civil penalty

A. An expenditure may not be made for or on behalf of a political committee without the authorization of the treasurer or the treasurer's designated agent.

B. The treasurer shall maintain a record of all petty cash disbursements pursuant to subsection E, paragraph 4 of this section.

C. All receipts received by a political committee shall be deposited in an account as prescribed by section 16-902, subsection C.  All monies of a political committee shall be segregated from, and may not be commingled with, the monies of any individual other than contributions by an individual.

D. A political committee shall exercise its best efforts to obtain the required information for any incomplete contribution received that is required to be itemized on a campaign finance report pursuant to section 16-915, subsection A, paragraph 3. A political committee will not be deemed to have exercised best efforts to obtain the required information unless the treasurer or the treasurer's agent has made at least one effort after the receipt of the contribution to obtain the missing information by a written request sent to the contributor or by oral contact with the contributor documented in writing and shall comply with the following:

1. The request must clearly ask for the missing information and inform the contributor that the committee is required by law to obtain the mailing address, occupation and employer of each individual contributor and the mailing address and identification number of each political committee contributor.

2. Any information required for the identification of a contributor received by the political committee after the contribution has been disclosed on a campaign finance report required pursuant to section 16-913 shall be reported on an amended report.

E. The treasurer of a political committee is the custodian of the committee's books and accounts and shall keep an account of all of the following:

1. All contributions or other monies received by or on behalf of the political committee.

2. The identification of any individual or political committee that makes any contribution together with the date and amount of each contribution and the date of deposit into a designated account.

3. Cumulative totals contributed by each individual or political committee.

4. The name and address of every person to whom any expenditure is made, the date, amount and purpose or reason for the expenditure and, except in the case of an expenditure by a candidate's campaign committee, the name of the candidate and the office sought by the candidate if the expenditure was made on behalf of or in opposition to a candidate.

5. All periodic or other statements for each account prescribed by section 16-902, subsection C.

F. For any political committee that has filed a $500 threshold exemption statement pursuant to section 16-902.01, subsection B:

1. The political committee and treasurer shall maintain a record of all contributions received and expenditures made by the political committee. If the political committee exceeds the $500 limit, the political committee shall amend its statement of organization, file a report of its contributions and expenditures pursuant to section 16-913 and comply with all reporting requirements.

2. For a political committee that does not exceed its $500 threshold, the political committee terminates at the end of the election cycle for which it was formed, shall file a termination statement as prescribed by section 16-914 and shall dispose of any surplus monies as otherwise provided by law.

3. A political committee that fails to file its termination statement pursuant to paragraph 2 of this subsection is terminated by operation of law ninety days after the end of the election cycle for which it was formed and shall pay a civil penalty of $100.

G. Unless specified by the contributor or contributors to the contrary, the treasurer shall record a contribution made by check, money order or other written instrument as a contribution by the person whose signature or name appears on the bottom of the instrument or who endorses the instrument before delivery to the political committee. If a contribution is made by more than one person in a single written instrument, the treasurer shall record the amount to be attributed to each contributor as specified.

H. All contributions other than in-kind contributions must be made by a check drawn on the account of the actual contributor or by a money order or a cashier's check containing the name of the actual contributor or must be evidenced by a written receipt with a copy of the receipt given to the contributor and a copy maintained in the contribution records of the recipient.

I. The treasurer shall preserve all records required to be kept by this section and copies of all finance reports required to be filed by this article for three years after the filing of the finance report covering the receipts and disbursements evidenced by the records.

J. On request of the attorney general, the county, city or town attorney or the filing officer, the treasurer shall provide any of the records required to be kept pursuant to this section.

K. A person who violates this section is subject to a civil penalty imposed as prescribed in section 16-924 of three times the amount of money that has been received, expended or promised in violation of this section or three times the value in money for an equivalent of money or other things of value that has been received, expended or promised in violation of this section. END_STATUTE

START_STATUTE16-905. Contribution limitations; civil penalty; complaint; reductions

A. For an election other than for a statewide office, a contributor shall not give and an exploratory committee, a candidate or a candidate's campaign committee shall not accept contributions of more than:

1. For an election for a legislative office, $6,250 per election cycle from an individual.

2. For an election other than for a legislative office, $6,250 per election cycle from an individual.

3. For an election for a legislative office, $6,250 per election cycle from a single political committee, excluding a political party, not certified under subsection G of this section to make contributions at the higher limits prescribed by paragraph 5 of this subsection and subsection B, paragraph 3 of this section.

4. For an election other than for a legislative office, $6,250 per election cycle from a single political committee, excluding a political party, not certified under subsection G of this section to make contributions at the higher limits prescribed by subsection B, paragraph 3 of this section.

5. $12,500 per election cycle from a single political committee that is certified pursuant to subsection G of this section, excluding a political party.

6. $6,250 per election cycle from a single partnership.  Contributions from a partnership shall be allocated to the individual partners who are contributing, as designated by the partnership. Partnership contributions from designated partners shall be combined with other contributions by that individual partner to the same recipient and are subject to the limits on an individual prescribed by this section.  Nonpartnership monies that are contributed by an individual shall not be counted against the partnership contribution limit for that same recipient.

B. For an election for a statewide office, a contributor shall not give and an exploratory committee, a candidate or a candidate's committee shall not accept contributions of more than:

1. $6,250 per election cycle from an individual.

2. $6,250 per election cycle from a single political committee, excluding a political party, not certified under subsection G of this section to make contributions at the higher limits prescribed by subsection A, paragraph 5 of this section and paragraph 3 of this subsection.

3. $12,500 per election cycle from a single political committee that is certified pursuant to subsection G of this section, excluding a political party.

4. $6,250 per election cycle from a single partnership. Contributions from a partnership shall be allocated to the individual partners who are contributing, as designated by the partnership. Partnership contributions from designated partners shall be combined with other contributions by that individual partner to the same recipient and are subject to the limits on an individual prescribed by this section.  Nonpartnership monies that are contributed by an individual shall not be counted against the partnership contribution limit for that same recipient.

C. A candidate may accept contributions from political committees, excluding political parties, as otherwise prescribed in this section and a candidate is not restricted as to the aggregate total that a candidate may lawfully receive from all political committees, excluding political parties.

D. A nominee of a political party shall not accept contributions from all political parties or political organizations combined totaling more than $10,000 for an election for an office other than a statewide office, and $100,000 for an election for a statewide office.

E. An individual may make contributions as otherwise prescribed by this section, and an individual is not restricted as to the aggregate total that an individual may give. An individual may make an otherwise lawful contribution using personal monies contained in a revocable trust, which shall be reported as an individual contribution and which is subject to the limits on an individual contribution.

F. A candidate's campaign committee or an individual's exploratory committee shall not make a loan and shall not transfer or contribute money to any other campaign or exploratory committee that is designated pursuant to this chapter or 52 United States Code section 30101 except as follows:

1. An exploratory committee may transfer monies to a subsequent candidate's campaign committee of the individual designating the exploratory committee, subject to the limits of subsection B of this section.

2. A candidate's campaign committee may transfer or contribute monies to another campaign committee designated by the same candidate as follows:

(a) Subject to the contribution limits of this section per contributor, transfer or contribute monies in the aggregate from one committee to another if both committees have been designated for an election in the same year including to a committee for another office or in another jurisdiction.

(b) Without application of the contribution limits of this section, transfer or contribute monies from one committee to another designated for an election in a subsequent year.

G. Only political committees that received monies from five hundred or more individuals in amounts of $10 or more in the two-year period immediately before application to the secretary of state for qualification as a political committee pursuant to this section may make contributions to candidates under subsection A, paragraph 5 of this section and subsection B, paragraph 3 of this section.  The secretary of state shall obtain information necessary to make the determination that a committee meets the requirements of this subsection and shall provide written certification of the fact to the committee. A political committee certification is valid for four years.  A candidate's campaign committee shall not accept a contribution pursuant to this subsection unless it is accompanied by a copy of the certification. All political committees that do not meet the requirements of this subsection are subject to the individual campaign contribution limits of subsection A, paragraphs 1 and 2 of this section and subsection B, paragraph 1 of this section.

H. The secretary of state biennially shall adjust to the nearest $10 the amounts in subsections A through E of this section by the percentage change in the consumer price index and publish the new amounts for distribution to election officials, candidates and campaign committees.  For the purposes of this subsection, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.

I. The following specific limitations and procedures apply:

1. The limits of subsections A through E of this section apply to each election cycle for any office or offices that the candidate seeks.

2. The limits of subsections A and B of this section apply to the total contributions from all separate segregated funds established, as provided in section 16-920, by a corporation, labor organization, trade association, cooperative or corporation without capital stock.

3. A contribution by an unemancipated minor child shall be treated as a contribution by the child's custodial parent or parents for determining compliance with subsection A, paragraphs 1 and 2, subsection B, paragraph 1 and subsection E of this section.

4. A contribution by an individual or a single political committee to two or more candidates in connection with a joint fund-raising effort shall be divided among the candidates in direct proportion to each candidate campaign committee's share of the expenses for the fund-raising effort.

5. A candidate shall sign and file with the candidate's nomination paper a statement that the candidate has read all applicable laws relating to campaign financing and reporting.

6. After the general election, all contributions may be combined for use in a subsequent election cycle.

7. An individual or political committee shall not use economic influence to induce members of an organization to make contributions to a candidate, collect contributions from members of an organization for transmittal to a candidate, make payments to candidates for public appearances or services that are ordinarily uncompensated or use any similar device to circumvent any of the limitations of this section.

J. A person who violates this section is subject to a civil penalty imposed as prescribed in section 16-924 of three times the amount of money that has been received, expended or promised in violation of this section or three times the value in money for an equivalent of money or other things of value that have been received, expended or promised in violation of this section.

K. Any qualified elector may file a sworn complaint with the attorney general or the county attorney of the county in which a violation of this section is believed to have occurred, and the attorney general or the county attorney shall investigate the complaint for possible action.

L. If the filing officer, attorney general or county attorney fails to institute an action within forty-five working days after receiving a complaint under subsection K of this section, the individual filing the complaint may bring a civil action in the individual's own name and at the individual's own expense, with the same effect as if brought by the filing officer, attorney general or county attorney. The individual shall execute a bond payable to the defendant if the individual fails to prosecute the action successfully. The court shall award to the prevailing party costs and reasonable attorney fees.

M. If a provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

N. The use of a candidate's personal monies, or the use of personal monies by an individual who designates an exploratory committee, is not subject to the limitations of this section.

O. For any statewide or legislative candidate who is not participating in the citizens clean elections act funding system established pursuant to article 2 of this chapter:

1. Complaints and investigations relating to an alleged violation of this article are subject only to the jurisdiction, penalties and procedures established pursuant to this article and the enforcement and investigative authority of the secretary of state and attorney general.

2. The citizens clean elections commission has no authority to accept, investigate or otherwise act on any complaint involving an alleged violation of this article. END_STATUTE

START_STATUTE16-906. Loans; repayments; guarantors

A. A loan to a political committee or to a candidate made for the purpose of influencing an election that exceeds the lender's contribution limitations prescribed in section 16-905 remains unlawful whether or not it is repaid.

B. A loan to a political committee or to a candidate made for the purpose of influencing an election and made within the contribution limitations prescribed in section 16-905 remains a contribution to the extent it remains unpaid. A loan is no longer a contribution to the extent it is repaid.

C. Except as provided in subsection D of this section, the making of a loan that is made for the purpose of influencing an election results in a contribution by each endorser or guarantor. The endorser's or guarantor's contribution is that portion of the total amount of the loan for which the endorser or guarantor agreed in writing to be liable or, if not stated in writing, the contribution is in the same proportion to the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors. Any reduction in the unpaid balance of the loan reduces proportionately the amount of the contribution of each endorser or guarantor.

D. A loan obtained by a candidate on which the candidate's spouse's signature is required if jointly owned assets are used as collateral or security is not considered a contribution from the candidate's spouse. END_STATUTE

START_STATUTE16-907. Prohibited contributions; standing political committees; violation; classification

A. Any person who makes a contribution in the name of another person or who knowingly allows his name to be used to effect such a contribution and any person who knowingly accepts a contribution made by one person in the name of another person is guilty of a class 6 felony.

B. Except for a contribution to a candidate's campaign committee, an individual or political committee shall not give and a political party or other political committee shall not accept an earmarked contribution.

C. A standing political committee shall not act as a campaign committee or a sponsoring organization for any candidate, initiative, referendum or recall but may contribute to other political committees as provided by law. END_STATUTE

START_STATUTE16-911. Independent expenditures; election officer analysis; coordination

A. In evaluating whether an expenditure is an independent expenditure, an election official shall use the following as evidence of coordination and an expenditure is not an independent expenditure if any of the following applies:

1. Any officer, member, employee or agent of the political committee making the expenditure is also an officer, member, employee or agent of the committee of the candidate whose election or whose opponent's defeat is being advocated by the expenditure or an agent of the candidate whose election or whose opponent's defeat is being advocated by the expenditure.

2. 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, including any officer, director, employee or agent of that person.

3. In the same election the person making the expenditure, including any officer, director, employee or agent of that person, is or has been:

(a) Authorized to raise or expend monies on behalf of the candidate or the candidate's authorized committees.

(b) Receiving any form of compensation or reimbursement from the candidate, the candidate's committees or the candidate's agent.

4. The expenditure is based on information about the candidate's plans, projects or needs, or those of the candidate's campaign committee, provided to the expending person by the candidate or by the candidate's agents or any officer, member or employee of the candidate's campaign committee with a view toward having the expenditure made.

B. For the purposes of subsection A, paragraphs 2 and 3 of this section:

1. The actions of an officer, director, employee or agent of a trade association organized and recognized by the United States internal revenue service under section 501(c)(6) of the internal revenue code are not attributable to the trade association making an independent expenditure if all of the following apply:

(a) The officer, director, employee or agent did not participate in any way in deciding to make an independent expenditure or in deciding the content, timing or targeting of an independent expenditure.

(b) The trade association had an express written policy describing the requisite separation prescribed in subdivision (a) of this paragraph.

(c) The trade association and the officer, director, employee or agent followed the written policy prescribed in subdivision (b) of this paragraph.

2. Serving on a host committee for a fund-raising event does not presumptively demonstrate any arrangement, coordination or direction. END_STATUTE

START_STATUTE16-912. Candidates and independent expenditures; campaign literature and advertisement sponsors; identification; civil penalty

A. A political committee that makes an expenditure for campaign literature or advertisements that expressly advocate the election or defeat of any candidate or that make any solicitation of contributions to any political committee shall include on the literature or advertisement the words "paid for by" followed by the name of the committee that appears on its statement of organization or $500 exemption statement.

B. If the expenditure for the campaign literature or advertisements by a political committee is an independent expenditure, the political committee, in addition to the disclosures required by subsection A of this section, shall include on the literature or advertisement the names and telephone numbers of the three political committees making the largest contributions to the political committee making the independent expenditure. If an acronym is used to name any political committee outlined in this section, the name of any sponsoring organization of the political committee shall also be printed or spoken. For the purposes of determining the three contributors to be disclosed, only the contributions made during the calendar year in which the independent expenditure is made shall be considered.

C. Subsection A of this section does not apply to bumper stickers, pins, buttons, pens and similar small items on which the statements required in subsection A of this section cannot be conveniently printed or to signs paid for by a candidate with campaign monies or by a candidate's campaign committee or to a solicitation of contributions by a separate segregated fund from those persons it may solicit pursuant to sections 16-920 and 16-921.

D. The disclosures required pursuant to this section shall be printed clearly and legibly in a conspicuous manner.  The disclosure statement shall include the words "paid for by" followed by the name of the entity making the expenditure and shall state that it is not authorized by any candidate or candidate's campaign committee.  Disclosure statements shall also comply with the following:

1. If the communication is broadcast on radio, the disclosure shall be spoken at the end of the communication.

2. For printed material that is delivered or provided by hand or by mail, the disclosure shall be printed clearly and legibly in a conspicuous manner.

3. If the communication is broadcast on a telecommunications system, the following apply:

(a) The disclosure shall be both written and spoken at the end of the communication, except that if the written disclosure statement is displayed for at least five seconds of a thirty second communications broadcast or ten seconds of a sixty second communications broadcast, a spoken disclosure statement is not required.

(b) The written disclosure statement shall be printed in letters that are displayed in a height that is equal to or greater than four percent of the vertical picture height.

E. A person who violates this section is subject to a civil penalty of up to three times the cost of producing and distributing the literature or advertisement. This civil penalty shall be imposed as prescribed in section 16-924. END_STATUTE

START_STATUTE16-912.01. Ballot measure committees; campaign literature and advertising funding; identification; disclosure; civil penalty; definition

A. A political committee that makes an expenditure in connection with any literature or advertisement to support or oppose a ballot proposition shall disclose and shall include on the literature or advertisement the words "paid for by", followed by the name of the committee that appears on its statement of organization or $500 threshold exemption statement, and shall also include in such literature or advertisement the four largest of its major funding sources as of the time the literature or advertisement is printed, recorded or otherwise produced for dissemination. If a political committee has fewer than four major funding sources, the committee shall disclose all major funding sources.

B. For the purposes of this section, a major funding source of a political committee is any contributor that is not an individual person and that has made cumulative contributions of either:

1. $10,000 or more for an expenditure in support of or opposition to a statewide ballot proposition or a ballot proposition of a political subdivision with a population of one hundred thousand persons or more.

2. $5,000 or more for an expenditure in support of or opposition to a ballot proposition of a political subdivision with a population of less than one hundred thousand persons.

C. If an out-of-state contributor or group of out-of-state contributors is a major funding source to a political committee disclosed pursuant to subsection A of this section, the political committee shall state the contributor is an out-of-state contributor on its literature or advertisement in support of or in opposition to a ballot proposition.

D. Contributors that make contributions to more than one political committee that supports or opposes the same ballot proposition shall notify each political committee of the cumulative total of these contributions. Cumulative totals must be disclosed by each political committee that received contributions from the same contributor if the cumulative totals qualify as a major funding source to be disclosed pursuant to subsection A of this section.

E. A disclosure statement required by this section shall be printed clearly and legibly in a conspicuous manner.  For printed material that is delivered or provided by hand or by mail, the disclosure shall be printed in a clearly legible manner. The disclosure statement shall include the words "paid for by" followed by the name of the entity making the expenditure. Disclosure statements shall also comply with the following:

1. If the communication is broadcast on radio, the disclosure shall be spoken at the end of the communication. 

2. If the communication is broadcast on a telecommunications system, the following apply:

(a) The disclosure shall be both written and spoken at the end of the communication, except that if the written disclosure statement is displayed for at least five seconds of a thirty second communications broadcast or ten seconds of a sixty second communications broadcast, a spoken disclosure statement is not required.

(b) The written disclosure statement shall be printed in letters that are displayed in a height equal to or greater than four percent of the vertical picture height.

F. Subsections A and E of this section do not apply to bumper stickers, pins, buttons, pens and similar small items on which the statements required in subsections A and E of this section cannot be conveniently printed or to a communication by an organization solely to its members.

G. A committee shall change future literature and advertisements to reflect any change in funding sources that must be disclosed pursuant to subsection A of this section.

H. This section applies to only advertisements the contents of which are more than fifty percent devoted to one or more ballot propositions or proposed measures on the same subject.

I. Any committee that violates this section is liable in a civil action brought by the attorney general, county attorney or city or town attorney, as appropriate, or by any other person for a civil penalty of three times the total cost of the advertisement. A donor who does not accurately disclose its contributions is liable for a civil penalty of three times the amount donated.

J. For the purposes of this section, "advertisement" means general public advertising through the print and electronic media, signs, billboards and direct mail. END_STATUTE

START_STATUTE16-913. Campaign finance reports; reporting of receipts and disbursements; exemptions; civil penalty

A. Except as provided in subsection K of this section, each political committee shall file campaign finance reports in the format prescribed by the filing officer setting forth the committee's receipts and disbursements according to the schedule prescribed in subsections B and C of this section.

B. In any calendar year during which there is a regularly scheduled election at which any candidates, measures, questions or propositions appear or may appear on the ballot, the political committee shall file each of the following campaign finance reports:

1. A report covering the period beginning January 1 through May 31, filed no later than June 30.

2. A preelection report, that shall be filed not less than four days before any election and that shall be complete through the twelfth day before the election.

3. A postelection report, that shall be filed not more than thirty days after any election and that shall be complete through the twentieth day after the election.

C. In any other calendar year, the political committee shall file a report covering the period beginning twenty-one days after the date of the election in the preceding calendar year through December 31 of the nonelection year filed no later than January 31 of the following calendar year.  For a special election for which the secretary of state is the filing officer, a political committee that receives contributions or makes expenditures to influence that election shall file the following:

1. For an initiative, referendum or recall, a preelection report that is due within fifteen days of filing the petition with the secretary of state and that is current through the date the petition was filed.

2. A preelection report that is due within fifteen days of the governor's proclamation calling the special election and that is current through the date of the governor's proclamation.

3. A preelection report that is due as prescribed by subsection B, paragraph 2 of this section.

4. A postelection report that is due as prescribed by subsection B, paragraph 3 of this section.

D. If a political committee receives no contributions and makes no expenditures during a period in which it is required to file a campaign finance report, the committee treasurer or if the treasurer is unavailable the candidate, in lieu of filing a report required by subsection B of this section, may sign and file a form prescribed by the secretary of state indicating no activity during the specific reporting period.

E. In lieu of the reports prescribed in subsections B and C of this section, a candidate's political committee that remains active after an election due to outstanding debts may file a document no later than January 31 in a form prescribed by the secretary of state that states that the committee does not intend to receive any contributions or make any expenditures during the year. If a candidate's political committee does receive a contribution or make an expenditure during that year, the committee shall report as prescribed by subsection B or C of this section.

F. A judge who has filed a declaration of the desire to be retained in office is exempt from filing any report required by this section if the judge, not later than twelve days before the general election, files a statement signed and sworn to by the judge certifying that the judge has received no contributions, has made no expenditures and has no campaign committee and that the judge does not intend to receive contributions, make expenditures or have a campaign committee for the purpose of influencing the result of the vote on the question of the judge's retention. With respect to superior court judges, a statement filed pursuant to this subsection is effective until the earlier of twelve days before the third general election following the filing of this statement or the judge receives contributions, makes expenditures or authorizes a campaign committee. Such a statement filed by a supreme court justice or a court of appeals judge is effective until the earlier of twelve days before the fourth general election following the filing of this statement or the justice or judge receives contributions, makes expenditures or authorizes a campaign committee.

G. Reports in connection with special or recall elections shall conform to the filing deadlines set forth in subsections B and C of this section.

H. Except as provided in section 16-916, subsection B and subsection K of this section, a political committee shall comply with the requirements of this section in each jurisdiction in this state in which the committee has filed a statement of organization until the committee terminates pursuant to section 16-914, and its statements, designations and reports shall be filed with each officer with whom it has filed a statement of organization, as appropriate.

I. Each report required to be filed pursuant to this section shall be signed by the committee treasurer or the candidate or the designating individual if the treasurer is unavailable and shall contain the certification of the signer under penalty of perjury that the report is true and complete.

J. A political committee and the candidate, in the case of a candidate's campaign committee, or the designating individual, in the case of an exploratory committee, who violate this section are subject to the penalty prescribed in section 16-918.

K. A standing political committee shall file reports with the secretary of state and is exempt from filing a report with any other jurisdiction in which it is active.  The reports shall be in an electronic format as prescribed by the secretary of state or by use of the internet.  The secretary of state shall promptly make the reports available to the public on the internet and shall make the reports available by electronic means by request. The standing committee shall file the following reports:

1. A preelection report that is due as prescribed by subsection B, paragraph 2 of this section shall be filed for each consolidated election date prescribed by section 16-204.

2. A postelection report that is due as prescribed by subsection B, paragraph 3 of this section shall be filed for each consolidated election date prescribed by section 16-204.

3. An annual report that is due by January 31 in the year immediately following the calendar year that is the subject of the report. END_STATUTE

START_STATUTE16-913.01. Additional reporting by candidate campaign committees; single contribution; civil penalty

A. In addition to any other filings required by law, a candidate or a candidate's campaign committee shall give notice to the filing officer if the candidate or committee receives from a single source a contribution of at least $1,000 less than twenty days before the day of the election.

B. The notice prescribed by this section shall be filed within seventy-two hours after receipt of the contribution and shall include the date of receipt, the name of the contributor and the amount of the contribution.  Contributions that are subject to the notice prescribed by this section shall be included in the next regular report filed pursuant to section 16-913.  For the purposes of this section, the date of receipt of a contribution is the date the candidate's campaign committee obtains possession of the contribution.

C. A candidate's campaign committee that knowingly violates this section and a person who knowingly violates this section are liable in a civil action for a civil penalty of up to three times the amount improperly reported. END_STATUTE

START_STATUTE16-914. Termination statement

A. Except as prescribed by subsection C of this section and section 16-904, subsection F, a political committee may terminate only when the committee chairman and treasurer file a statement with the officer with whom the committee's statement of organization is filed in the format prescribed by the filing officer certifying under penalty of perjury that it will no longer receive any contributions or make any disbursements, that the committee has no outstanding debts or obligations and that any surplus monies have been disposed of pursuant to section 16-915.01 together with a statement of the manner of disposition of the surplus, the name and address of each recipient of surplus monies and the date and amount of each disposition of surplus monies. For a political committee that is an individual's exploratory committee or a candidate's campaign committee, the committee may transfer the committee's debts and obligations to a subsequent committee for that individual or candidate, as prescribed by section 16-915.01, and in that event may terminate without certifying that the committee has no outstanding debts or obligations.

B. After the filing of an appropriate termination statement, a political committee is not required to file any subsequent campaign finance reports and shall have no further receipts or disbursements without filing a new statement of organization.

C. A political committee may terminate its activities in a reporting jurisdiction and remain active in other jurisdictions by attaching a statement to the reporting jurisdiction's termination statement that is signed by the committee's chairman and treasurer, that attests to the intent to remain active in other jurisdictions and that contains a statement that the committee's remaining monies shall be used for activities in other jurisdictions.END_STATUTE

START_STATUTE16-914.01. Reporting of contributions by committees acting on ballot measures; civil penalty; definition

A. In addition to the requirements relating to election contributions prescribed in section 16-913, a committee acting in support of or opposition to the qualification, passage or defeat of an initiative or referendum or any other ballot measure, question or proposition or in support of or opposition to a recall election shall give notice to the secretary of state for statewide measures and the local filing officer who is responsible for receiving campaign finance reports for filing for nonstatewide measures of any contribution or group of contributions to the committee that is made from a single source less than twenty days before the day of the election if it exceeds:

1. A cumulative total of $10,000 for a statewide ballot measure, question or proposition.

2. $2,500 for a nonstatewide ballot measure, question or proposition in a political subdivision with a population of one hundred thousand or more persons.

3. $500 for a nonstatewide ballot measure, question or proposition in a political subdivision with a population of less than one hundred thousand persons.

B. In addition to the requirements of section 16-913, a committee acting in support of or opposition to the qualification, passage or defeat of an initiative or referendum or any other ballot measure, question or proposition shall give notice to the secretary of state for statewide measures and the local filing officer who is responsible for receiving campaign finance reports for filing for nonstatewide measures the first time each of the following occurs:

1. The committee has received contributions totaling $10,000 or more.

2. The committee has made expenditures totaling $10,000 or more.

3. The committee has received contributions totaling $10,000 or more from a single source.

4. The committee has received contributions totaling $10,000 or more from different additional single sources.

C. The notices prescribed by this section shall be filed within twenty-four hours, excluding Saturdays, Sundays and other legal holidays, after the $10,000 amount has been reached and shall include the identification of the contributors, the dates of receipt and the amounts of the contributions or the amount, recipient and purpose of the expenditures. Contributions subject to the notification requirements of this section shall be included in the next report filed pursuant to section 16-913.

D. A political committee that violates this section and a person who knowingly violates this section are liable in a civil action for a civil penalty of up to three times the amount improperly reported as prescribed by section 16-924.

E. For the purposes of this section, "single source" includes principals of the same partnership, corporation, limited partnership, limited liability company, limited liability partnership or association. END_STATUTE

START_STATUTE16-914.02. Reporting independent expenditures of corporations, limited liability companies and labor organizations; statement; disclaimer and disclosure; civil action; civil penalty; violation; classification; definitions

A. Any corporation, limited liability company or labor organization that makes cumulative independent expenditures in an attempt to influence the outcome of a candidate election and in at least the following amounts in an election cycle shall register and notify the appropriate filing officer not later than one day after making that expenditure, excluding Saturdays, Sundays and other legal holidays:

1. An aggregate of $5,000 or more in one or more statewide races.

2. An aggregate of $2,500 or more in one or more legislative races.

3. $1,000 or more in one or more county, city, town or other local races if the $1,000 is aggregated in races in a single county, city, town or other local jurisdiction.

B. The secretary of state is the filing officer for registrations and notifications for independent expenditures in statewide and legislative elections. City, town or county filing officers are the filing officers for notifications in a city, town, county or other local election as provided in section 16-916. The corporation, limited liability company or labor organization also shall notify the filing officer within the same time limit prescribed in subsection A of this section of each additional accumulation of expenditures that exceeds the threshold amount prescribed in subsection A of this section but is not required to register again during that election cycle after the initial registration. A corporation, limited liability company or labor organization may register with the filing officer and provide a notarized, sworn statement of authority in advance of the expenditure in anticipation of making an independent expenditure. The secretary of state shall provide for electronic filing for registrations and notifications and shall provide for website access to the information for the public. Filings at the secretary of state's office shall be in the form prescribed by the secretary of state. Other filing officers shall prescribe the format for filing registrations and notifications and shall provide for public access to that information.  At the request of the local election filing officer, the secretary of state may provide for electronic filing pursuant to this section for local elections.

C. The registration shall include all of the following:

1. The name and address of the corporation, limited liability company or labor organization.

2. The name, title, electronic mail address and telephone number of the person authorizing the independent expenditure.

D. Each notification shall include all of the following:

1. The name and address of the corporation, limited liability company or labor organization making the independent expenditure.

2. The amount of the expenditure and the name of the vendor or other payee receiving the expenditure.

3. The name of the candidate and race in which the expenditure was made and whether the expenditure was in support of or opposition to the candidate.

4. The communication medium and description of what was purchased with the expenditure.

5. The date of the expenditure.

E. If the corporation, limited liability company or labor organization did not register and provide a notarized sworn statement in advance of the expenditure as prescribed by this section, the corporation, limited liability company or labor organization shall file with the secretary of state or other appropriate filing officer within five days after an initial threshold expenditure as prescribed in subsection A of this section a notarized sworn statement that the person, agent or officer filing the registration and notice had authority to make that expenditure on behalf of the corporation, limited liability company or labor organization. Until the secretary of state or other filing officer receives the notarized sworn statement, the filing officer shall categorize the notification as unverified. If the secretary of state or other filing officer does not receive the notarized sworn statement within the required five-day time frame, the notification shall be categorized as both unverified and delinquent. The filing officer shall make reasonable efforts to contact the entity that made the expenditure and remove the notification from public view within a reasonable time if unable to verify that the entity made the expenditure and all penalties prescribed in this section apply.

F. Any literature or advertisement that is purchased with monies from a corporation, limited liability company or labor organization making an independent expenditure in an attempt to influence the outcome of a candidate election shall disclose the name of the corporation, limited liability company or labor organization making the expenditure. Any disclosure statement required by this section shall be printed clearly and legibly in a conspicuous manner. If the communication is broadcast on radio, the information shall be spoken at the end of the communication.  If the communication is broadcast on a telecommunications system, the information shall be both written and spoken at the end of the communication, except that if the disclosure statement is written for at least five seconds of a thirty second advertisement broadcast or ten seconds of a sixty second advertisement broadcast, a spoken disclosure statement is not required. If the communication is broadcast on a telecommunications system, the written disclosure statement shall be printed in letters equal to or larger than four percent of the vertical picture height.  The literature or advertisement shall include the words "paid for by" in the disclosure followed by the name of the entity making the expenditure and shall also state that it is not authorized by any candidate or candidate's campaign committee.

G. Subsection F of this section does not apply to bumper stickers, pins, buttons, pens and similar small items on which the statements required in subsection F of this section cannot be conveniently printed or to a communication by an organization solely to its members.

H. Any corporation, limited liability company or labor organization that fails to register, notify or disclose as required by this section is liable in a civil action pursuant to section 16-924 brought by the attorney general, county attorney or city or town attorney, as appropriate, for a civil penalty of up to three times the total amount of the expenditure.

I. Any person who makes a knowingly false filing relating to an independent expenditure pursuant to this section is guilty of a class 1 misdemeanor.

J. For violations that occur before November 27, 2012, a reasonable cause determination for a violation of this section may be made only by the secretary of state's office and not by any other filing officer.  On or after November 27, 2012, the local election jurisdiction and filing officers may make their own reasonable cause determinations for violations of this section or may elect to continue to have the office of the secretary of state make those reasonable cause determinations on their behalf.  A civil or criminal enforcement action may not be filed until after the issuance of a reasonable cause determination.

K. Any entity that makes an independent expenditure and that is organized primarily for the purpose of influencing an election and that is a combination of corporations, limited liability companies or labor organizations or that is a corporation, limited liability company or labor organization that accepts donations or contributions shall file with the filing officer as a political committee as otherwise provided by law.

L. For the purposes of this section, an expenditure occurs on the date on which literature or advertisements are deposited at the post office for mailing, submitted to a communications system for broadcast or submitted to a newspaper or similar print medium for printing and, with respect to an expenditure for signs, the date on which a sign is first posted.

M. For the purposes of this section:

1. "Independent expenditure" has the same meaning prescribed in section 16-901, except that it is made by a corporation, a limited liability company or a labor organization and except as prescribed in subsection L of this section.

2. "Local election" means an election in a county, city, town, school district or special district. END_STATUTE

START_STATUTE16-915. Contents of campaign finance reports

A. Each campaign finance report required by section 16-913 shall set forth all of the following:

1. The amount of cash on hand at the beginning of the reporting period.

2. For the reporting period and the election, the total amount of all receipts and an itemized list of all receipts in the following categories, together with the total of all receipts in each category:

(a) Contributions from individuals.

(b) Contributions from political committees.

(c) For a candidate's campaign committee, the candidate's contribution or promise of personal monies, including loans guaranteed by the candidate.

(d) All other loans.

(e) Rebates, refunds and other offsets to operating expenditures.

(f) Dividends, interest and other forms of receipts.

(g) The value of in-kind contributions.

3. The identification of each:

(a) Individual who makes any contribution during the period covered by the report and whose total contribution or contributions for that election have an aggregate amount exceeding $50 together with the date and amount of the contributions, except as provided in subsection E of this section. Contributions of $50 or less may be aggregated.

(b) Political committee that makes a contribution during the period covered by the report together with the date and amount of the contribution.

(c) Person who makes a loan during the period covered by the report, together with the identification of any endorser or guarantor of the loan and the amount endorsed or guaranteed by each, and the date and amount of the loan.

(d) Person who provides any rebate, refund or other offset to operating expenditures during the period covered by the report together with the date and amount of the receipt.

(e) Person who provides a dividend, interest or other receipt during the period covered by the report together with the date and amount of the receipt.

4. For the reporting period and the election, the total amount of all disbursements and an itemized list of all disbursements in the following categories together with the total of all disbursements in each category:

(a) Expenditures, other than a contract, promise or agreement to make an expenditure resulting in an extension of credit, made to meet committee operating expenses.

(b) Transfers to other political committees.

(c) For a candidate's campaign committee, the repayment of loans made or guaranteed by the candidate.

(d) Repayment of all other loans.

(e) Refunds of contributions received and other offsets to contributions.

(f) Loans made by the reporting political committee.

(g) The value of in-kind contributions received.

(h) Independent expenditures together with the information required pursuant to subsection F of this section.

(i) Any other disbursements.

5. The name and address of each recipient of an expenditure made during the period covered by the report and, in the case of a disbursement to a political committee, the identification number issued on the filing of a statement of organization as prescribed by section 16-902.01, together with the date, the amount of the expenditure and a clear description of the items or services purchased.

6. An itemized account of the campaign debts and extensions of credit that are owed by the candidate or political committee and that remain outstanding including the name and address of the obligee or creditor, the amount owed, whether the amount is certain or estimated and on what basis, and the purpose of the obligation. An obligation that is itemized on a campaign finance report shall be listed on all subsequent finance reports until extinguished.

7. The total sum of all receipts, together with the total receipts less offsets, and the total sum of all disbursements, together with the total disbursements less offsets, for both the period covered by the report and the election.

B. The amount of an in-kind contribution shall be equal to the usual and normal value on the date received by the political committee as determined by generally accepted accounting principles.

C. Campaign finance reports shall be cumulative for the election to which they relate, but if there has been no change during the period covered by a report in an item listed in a previous report for that election, only the amount need be carried forward.

D. A candidate's campaign committee or a political committee that makes contributions to candidates and that has received prior contributions from an individual or a political committee for an election shall show in each report for that election the cumulative total received from that source.

E. In the case of a political committee that receives contributions through a payroll deduction plan, that committee is not required to separately itemize each additional contribution received from the contributor during the reporting period. In lieu of the separate itemization required by subsection A, paragraph 2 of this section, the committee may report all of the following:

1. The aggregate amount of contributions received from the contributor through the payroll deduction plan during the reporting period.

2. The identification of the individual.

3. A statement of the amount deducted per pay period.

F. An independent expenditure report shall contain all of the following:

1. The name and address of any person to whom an independent expenditure was made.

2. The date and amount of the independent expenditure.

3. The purpose of the independent expenditure including a description of what was purchased.

4. The name of each candidate whose election or defeat was advocated by the expenditure and, for each such candidate, the office sought by the candidate and the year of the election.

5. The names, occupations, employers and amount contributed by each of the three contributors that contributed the most money within the preceding six months provided that if any other contributor contributed the same amount during this time period as any of the top three contributors the information shall be provided for that contributor as well. If any of these contributors is a political committee, the report shall include the names, occupations and employers of the committee's chairman and treasurer.

6. Under penalty of perjury, a certification stating whether or not the claimed independent expenditure is made in cooperation, consultation or concert with or at the request or suggestion of any candidate or any campaign committee or agent of that candidate. END_STATUTE

START_STATUTE16-915.01. Disposal of surplus monies; transfer of debt

A. A political committee shall dispose of surplus monies only as follows:

1. Retain surplus monies for use in a subsequent election, which includes a transfer by an individual's exploratory committee or a candidate's campaign committee to that individual's subsequent exploratory committee or that candidate's campaign committee designated for a subsequent election.

2. Return surplus monies to the contributor to the extent records are available allowing such return.

3. Contribute surplus monies to the county, state or local committee of a political party.

4. Donate the surplus monies to a charitable organization that qualifies under section 501(c)(3) of the United States internal revenue code.

5. In the case of a political committee other than an individual's exploratory committee or a candidate's committee, contribute surplus monies to a candidate's campaign committee if the contribution is within the limitations of section 16-905.

6. Donate surplus monies to a political committee other than an individual's exploratory committee or to a candidate's campaign committee.

7. Subject to the restrictions in section 41-133, contribute surplus monies to the individual's officeholder expense account.

8. Dispose of the surplus monies in any other lawful manner.

B. Surplus monies shall not be used for or converted to the personal use of the designating individual, in the case of an individual's exploratory committee, or a candidate, in the case of a candidate's campaign committee, or any person related to the candidate by blood or marriage. This subsection does not preclude the repayment of a loan made by the designating individual or candidate to his campaign.

C. An individual's exploratory committee or a candidate's campaign committee may transfer its debts and obligations to that individual's subsequent exploratory committee or that candidate's campaign committee designated for a subsequent election. END_STATUTE

START_STATUTE16-916. Filing statements of contributions and expenditures; public inspection

A. Except as provided in subsection B of this section, the statements, designations and reports required to be filed pursuant to this article shall be filed as follows:

1. In the office of the secretary of state for political committees supporting or opposing the recall of a public officer elected statewide or to the legislature, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a state general election ballot or recall of public officials elected statewide or to the legislature or supporting or opposing candidates for state offices and members of the legislature, for justices of the supreme court, for judges of the court of appeals and for a statewide initiative or referendum or any measure or proposition appearing on a state general election ballot.  The office of the secretary of state shall post to its website in a format that is viewable by the public the campaign finance information prescribed by this section.

2. With the county officer in charge of elections for political committees supporting or opposing the recall of public officers elected to county offices, school district governing boards, community college district governing boards or judges of the superior court, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a county election ballot or for the recall of a public officer elected to county offices, school district governing boards, community college district governing boards or judges of the superior court or supporting or opposing candidates for county offices, school district governing board members or ballot questions, community college district governing board members or ballot questions, judges of the superior court seeking retention, special taxing districts and a county initiative or referendum or any measure or proposition appearing on a county election ballot.  For any county with a population of more than one hundred thousand persons that operates a website, the county officer in charge of elections shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section, which shall include the names of candidates who have filed an exemption statement pursuant to section 16-902.01, subsection B with that filing officer.

3. With the city or town clerk for political committees supporting or opposing the recall of public officers elected to city or town offices, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a city or town election ballot or recall of public officers elected for city or town offices or supporting or opposing candidates for city or town offices and for a city or town initiative or referendum or any measure or proposition appearing on a city or town election ballot. For any city or town with a population of more than two thousand five hundred persons that operates a website, the city or town shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section, which shall include the names of candidates who have filed an exemption statement pursuant to section 16-902.01, subsection B. For a city or town without a website, the information shall be posted on the website operated by an association of cities and towns in this state. 

B. Campaign finance reports required pursuant to section 16-913 for the office of member of the legislature and statewide offices shall be filed with the secretary of state in the manner prescribed by the secretary of state. The secretary of state may provide through the procedures manual adopted pursuant to section 16-452 for an alternative method for providing public access to the reports prescribed by this section.

C. For all statements, designations and reports, the date of filing is the date of actual receipt by the officer with whom the document is required to be filed except as follows:

1. For documents filed by certified mail with a United States mail postmark, the date of mailing constitutes the date of filing.

2. For documents filed by commercial delivery services that provide a standardized delivery confirmation process, the date of delivery confirmation constitutes the date of filing.

3. For documents filed by commercial delivery services that provide for electronic tracking of specific delivery packages, the date of electronic confirmation of delivery constitutes the date of filing.

D. If the date for filing any statement, designation or report required by this article is a Saturday, a Sunday or another legal holiday, the filing deadline is the next day that is not a Saturday, a Sunday or another legal holiday. END_STATUTE

START_STATUTE16-916.01. Electronic filing; statements of contributions and expenditures

A. Statements, designations and reports that are filed pursuant to this article in the office of the secretary of state in electronic format shall be filed using computer programs that are provided or approved by the secretary of state. The secretary of state shall provide computer programs to accommodate electronic filings and shall implement and maintain a system for the electronic collection, filing and dissemination of materials filed pursuant to section 16-916, subsection A, paragraph 1.  A county officer in charge of elections may implement an electronic filing system for statements, designations and reports that are required by this article to be filed with the county officer in charge of elections.  Subsections B through F of this section apply to an electronic filing program operated by a county.

B. If the filings are complete and correct, any statements, designations or reports that are filed in the secretary of state's electronic filing format are deemed to comply with:

1. The filing requirements of this chapter.

2. The requirement that a filing be made under oath or be submitted with a written signature.

C. A statement, designation or report that is filed in electronic format is deemed to be filed under penalty of perjury if the printed format version of that document is required to be filed under penalty of perjury.

D. A person or political committee that submits any statement, designation or report pursuant to this chapter that is not properly formatted or that does not contain the information prescribed by this chapter has not complied with the reporting requirements of this chapter and is subject to penalties and enforcement as otherwise provided by law.

E. During the implementation of an electronic filing system, the county officer in charge of elections may require that statements, designations or reports be filed with an additional written or printed copy.

F. For an electronic filing system implemented by the secretary of state or other filing officer, the filing officer shall designate one or more approved transmittal formats and methods. END_STATUTE

START_STATUTE16-916.02. Electronic filing; statements of contributions and expenditures; counties, cities, towns, school districts and special districts

Subject to legislative appropriation the secretary of state may develop an electronic filing system for statements, designations and reports that are required by this article and that are not in connection with a statewide or legislative election.  This system may be used by any political subdivision that chooses to opt in to the system by giving notice to the secretary of state at least thirty days before the first report is due for a calendar year for that political subdivision pursuant to section 16-913 and that pays a fee as determined by the secretary of state.  The system must comply with section 16-916.01. END_STATUTE

START_STATUTE16-917. Independent expenditures; in-kind contribution; civil penalty

A. A political committee, corporation, limited liability company or labor organization that makes independent expenditures for literature or an advertisement relating to any one candidate or office within sixty days before the day of any election to which the expenditures relate, shall send by certified mail a copy of the campaign literature or advertisement to each candidate named or otherwise referred to in the literature or advertisement twenty-four hours after depositing it at the post office for mailing, twenty-four hours after submitting it to a telecommunications system for broadcast or twenty-four hours after submitting it to a newspaper for printing.

B. The copy of the literature or advertisement sent to a candidate pursuant to subsection A of this section shall be a reproduction that is clearly readable, viewable or audible.

C. An expenditure by a political committee, corporation, limited liability company, labor organization or person that does not meet the definition of an independent expenditure is an in-kind contribution to the candidate and a corresponding expenditure by the candidate unless otherwise exempted.

D. A person who violates this section is subject to a civil penalty of three times the cost of the literature or advertisement that was distributed in violation of this section. This civil penalty shall be imposed as prescribed in section 16-924. END_STATUTE

START_STATUTE16-918. Campaign finance reports; notice; civil penalty; prohibition on candidacy

A. If a political committee fails to file a report in a timely manner as required by this chapter, the filing officer shall send written notice of the delinquency of the report to the political committee and the candidate, in the case of the candidate's campaign committee, or to the designating individual, in the case of an individual's exploratory committee.  The notice shall be sent by certified mail within fifteen days after the filing officer determines there may be a failure to file a campaign finance report. The notice shall provide with reasonable particularity the nature of the failure and a statement of the penalties provided in this section.

B. A political committee, or in the case of a candidate's campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, is liable for a late penalty of $10 for each business day after failure to make or file a campaign finance report that is required pursuant to this chapter up to a maximum of $450.  For filings for an officeholder expense account pursuant to section 41-133, the late penalty is $5 for each day after failure to make or file the campaign finance report, and the late penalty shall not accrue on days during which the office of the secretary of state is not open for business. A late penalty accrues only until the day the late report is filed and the filing officer shall not refuse a campaign finance report except if penalties imposed pursuant to section 16-924 are unpaid at the time of filing the report.  Beginning on the thirty-first day after the due date, the filing officer may notify the appropriate enforcement officer under section 16-924 that a violation has occurred and that late fees and civil penalties are owed as prescribed in subsection C of this section and may be collected in an enforcement action pursuant to section 16-924.

C. A political committee, or in the case of a candidate's campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, that has failed to file within fifteen days after receiving a notice of delinquency pursuant to subsection A of this section is liable for a civil penalty of $25 for each subsequent day that the filing is late.  This penalty shall be assessed pursuant to section 16-924.

D. For the purposes of this section, there is a failure to make and file a campaign finance report by the treasurer, the designating individual, in the case of an exploratory committee, the candidate, in the case of a candidate's campaign committee, and for all other political committees, the chairman, if any of the following occurs:

1. The report is not filed in a timely manner as prescribed by section 16-913.

2. The report is not signed in accordance with section 16-913.

3. A good faith effort is not made to substantially complete the report as prescribed by section 16-915.

E. It is a defense to an enforcement action brought pursuant to this section if good cause is shown by the treasurer, the designating individual, in the case of an exploratory committee, or the candidate, in the case of a candidate's campaign committee, for the failure to make and file a campaign finance report. For the purposes of this subsection, "good cause" includes an illness or absence from this state at the time the campaign finance report was due or the written notice of delinquency was delivered if the illness or absence reasonably prevented the treasurer, designating individual or candidate from filing the report or receiving the written notice.

F. In addition to the enforcement actions prescribed by this section, a person who was a candidate for nomination or election to any local or state office and who after written notice pursuant to this section failed to make and file a campaign finance report as required by this chapter is not eligible to be a candidate for nomination or election to any local or state office for five years after the last failure to make and file a campaign finance report occurred. This penalty shall be imposed as follows:

1. A candidate's failure to make and file a campaign finance report with a filing officer for a jurisdiction is grounds for that filing officer to refuse the candidate's nomination paper for any public office in that jurisdiction as described in this subsection.

2. A candidate's failure to make and file a campaign finance report with any filing officer is grounds for a filing officer from another jurisdiction to refuse the candidate's nomination paper for any public office on presentation of a certified copy of a final order issued pursuant to section 16-924.

G. For a standing political committee, in addition to any late penalty and civil penalty assessed pursuant to this section, if the standing political committee makes a late filing three or more times, the standing political committee is no longer eligible for consolidated filing status pursuant to section 16-913, subsection K and shall make all of its filings in each reporting jurisdiction in which it is active.

H. For any political committee that has failed to file three consecutive campaign finance reports with the filing officer as prescribed by section 16-913, the filing officer shall send the committee chairman and treasurer a written notice of intent to suspend the political committee.  The notice of intent to suspend shall state that failure of the political committee to fully comply with all filing requirements for that committee, including any required payments, within thirty days of the date of the notice shall result in suspension of the political committee's authority to operate in that jurisdiction. On suspension of the political committee's authority to operate, the filing officer is no longer required to provide any further notice of delinquency to the political committee.  This subsection does not reduce or eliminate the political committee's continuing obligation to make campaign finance filings and pay any fines, penalties, civil penalties or other sanctions that may continue to accrue as otherwise provided by law.  This subsection does not apply to reports required pursuant to article 2 of this chapter or to a candidate's campaign committee designated by that candidate pursuant to section 16-903 during that election cycle. END_STATUTE

START_STATUTE16-919. Prohibition of contributions by corporations, limited liability companies or labor organizations; exemption; violation; classification; definitions

A. Except as provided in section 16-914.02, it is unlawful for a corporation or a limited liability company to make an expenditure or any contribution of money or anything of value for the purpose of influencing an election, and it is unlawful for the designating individual who formed an exploratory committee, an exploratory committee, a candidate or a candidate's campaign committee to accept any contribution of money or anything of value from a corporation or a limited liability company for the purpose of influencing an election. This subsection does not apply to political committees that are incorporated pursuant to title 10, chapters 24 through 40 and political committees that are organized as limited liability companies.

B. Except as provided in section 16-914.02, it is unlawful for a labor organization to make an expenditure or any contribution of money or anything of value for the purpose of influencing an election.

C. Notwithstanding subsections A and B of this section, a corporation, limited liability company or labor organization may contribute to an independent expenditure committee.

D. A corporation, limited liability company or labor organization that violates this section is guilty of a class 2 misdemeanor.

E. The person through whom the violation is effected is guilty of a class 6 felony.

F. Notwithstanding subsection A of this section, a political committee that is incorporated only for the purposes of liability limitation may make contributions for the purpose of influencing an election.  Notwithstanding the corporate status of a political committee, the chairman and treasurer of an incorporated political committee remain personally responsible for carrying out their respective duties under this article.

G. For the purposes of this section:

1. "Election" means any election to any political office, any election to any political convention or caucus or any primary election held for the purpose of selecting any candidate, political committee or other person for any political office, convention or caucus.

2. "Employee" includes any employee, is not limited to the employees of a particular employer and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice.

3. "Employer" includes any person acting as an agent of an employer, directly or indirectly.

4. "Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. END_STATUTE

START_STATUTE16-920. Allowed expenditures by corporations and labor organizations; federal law; definitions

A. Expenditures for the following purposes are not political contributions prohibited by law:

1. Communications by a corporation to its stockholders and executive or administrative personnel and their families, or by a labor organization to its members and their families, on any subject.

2. Nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families or by a labor organization aimed at its members and their families.

3. The establishment, administration and solicitation of voluntary contributions to a separate segregated fund to be used for political purposes by a corporation, labor organization, membership organization, trade association, cooperative or corporation without capital stock.

4. The establishment, administration and solicitation of voluntary contributions from employees of a corporation or limited liability company, including contributions made by payroll deduction, deposit or transfer or other similar method, and that are made directly to a separate segregated fund that is used for political purposes by a trade association of which the employing corporation or limited liability company is a member.  Contributions received under this subsection shall be reported pursuant to section 16-915, subsection A, paragraph 2, subdivision (a) or subsection E.

5. Contributions for use to support or oppose an initiative or referendum measure or amendment to the constitution.

6. Independent expenditures and contributions to independent expenditure committees made pursuant to section 16-914.02.

B. A membership organization, trade association, cooperative or corporation without capital stock may engage in the activities allowed in subsection A, paragraphs 1 and 2 of this section if such activities are directed primarily toward its members, stockholders or members of its members, its and its members' executive or administrative personnel and their families.

C. A person may rely on the federal election commission's rules, policy statements, interpretive rules and other guidance adopted as of January 1, 2013 in interpreting and applying 52 United States Code section 30118(b)(2) in interpreting subsection A, paragraphs 1 through 4 of this section.

D. For the purposes of this section:

1. "Executive or administrative personnel" has the same meaning prescribed in section 16-921.

2. "Labor organization" has the same meaning prescribed in section 16-919. END_STATUTE

START_STATUTE16-921. Unlawful contributions by corporations and labor organizations from a fund; procedures; definitions

A. It is unlawful under any fund established by a corporation or labor organization pursuant to section 16-920, subsection A, paragraph 3:

1. For such a fund to make a contribution or expenditure by using money or anything of value secured by physical force, job discrimination, financial reprisals or the threat of force, job discrimination or financial reprisal or by dues, fees or other monies required as a condition of membership in a labor organization or as a condition of employment or by monies obtained in any commercial transaction.

2. For any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation.

3. For any person soliciting an employee for a contribution to such a fund to fail to inform such employee, at the time of such solicitation, of the employee's right to refuse to so contribute without any reprisal.

B. Except as provided in subsections C, D and E of this section it is unlawful for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than the stockholders of the corporation and their families, the executive or administrative personnel of the corporation and their families, the retirees of the corporation and their families and the executive or administrative personnel or retirees of the corporation's subsidiaries, branches, divisions and affiliates and their families, and for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families.

C. A corporation or a separate segregated fund established by such corporation may make not more than two written solicitations for contributions during the calendar year from any employee who is not a stockholder or executive or administrative personnel of such corporation, or of such corporation's subsidiaries, branches, divisions and affiliates, or the families of such employees. A solicitation under this subsection may be made only by mail addressed to employees who are not stockholders or executive or administrative personnel at their residence.

D. An insurer that is licensed in this state or a separate segregated fund established by such insurer may make written solicitations for contributions during the calendar year from persons who are licensed insurance producers and with whom it has a contract to produce insurance business, and those persons' families. Those solicitations are lawful only if the insurance producer has an exclusive contract with the insurer. This subsection does not change an insurance producer's status as an independent contractor.

E. A labor organization or a separate segregated fund established by such labor organization may make not more than two written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel or employee of a corporation who is not a union member, or the families of such persons, if such labor organization represents members working for such corporation.  A solicitation under this subsection may be made only by mail addressed to such stockholders, executive or administrative personnel or employees who are not union members at their residences.

F. This section does not prevent a membership organization, cooperative or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative or corporation without capital stock.

G. This section does not prevent a trade association, or a separate segregated fund established by a trade association, from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel.

H. Notwithstanding any law to the contrary, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, allowed by law to corporations with regard to stockholders and executive or administrative personnel, shall also be allowed to labor organizations with regard to their members.

I. Any corporation, including its subsidiaries, branches, divisions and affiliates, that uses a method of soliciting voluntary contributions or facilitating the making of voluntary contributions shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation and its subsidiaries, branches, divisions and affiliates.

J. For the purposes of this section:

1. "Affiliate" means any organization that controls, is controlled by or is under common control with the corporation.

2. "Control" means to possess, directly or indirectly, the power to direct, or cause the direction of, the management or policies of another organization, whether through the ability to exercise voting power, by ownership or contract, or otherwise.

3. "Exclusive contract" means either:

(a) An insurance producer's contract with an insurer that prohibits the producer from soliciting insurance business for any other insurer.

(b) An insurance producer's contract with an insurer that requires a first right of refusal on all lines of insurance business written by the insurer and solicited by the producer.

4. "Executive or administrative personnel" means individuals who are employed by a corporation and who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional or supervisory responsibilities.

5. "Insurance producer" has the same meaning prescribed in section 20-281. END_STATUTE

START_STATUTE16-922. Religious assembly or institution not required to register

Notwithstanding any other law, this state and any agency or political subdivision of this state shall not require a person to register as a political committee pursuant to this chapter if the person is a religious assembly or institution that does not spend a substantial amount of time or assets, within the meaning of section 501(c)(3) of the internal revenue code, on influencing any federal, state or local legislation, referendum, initiative or constitutional amendment. END_STATUTE

START_STATUTE16-923. Volunteering services for expected compensation; violation; classification

A person who voluntarily and unsolicitedly offers to work for and assist or in any manner voluntarily contributes to the nomination or election of a candidate or other person to any office in this state with the intent of having such candidate or person pay or in any manner compensate the person so offering such work or services is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this title. END_STATUTE

START_STATUTE16-924. Civil penalties; attorney general; county, city or town attorney

A. Unless another penalty is specifically prescribed in this title, if the filing officer for campaign finance reports designated pursuant to section 16-916, subsection A has reasonable cause to believe that a person is violating any provision of this title, except for violations of chapter 6, article 2, the secretary of state shall notify the attorney general for a violation regarding a statewide office or the legislature, the county officer in charge of elections shall notify the county attorney for that county for a violation regarding a county office or the city or town clerk shall notify the city or town attorney for a violation regarding a city or town office. The attorney general, county attorney or city or town attorney, as appropriate, may serve on the person an order requiring compliance with that provision. The order shall state with reasonable particularity the nature of the violation and shall require compliance within twenty days from the date of issuance of the order. The alleged violator has twenty days from the date of issuance of the order to request a hearing pursuant to title 41, chapter 6.

B. If a person fails to take corrective action within the time specified in the compliance order issued pursuant to subsection A of this section, the attorney general, county attorney or city or town attorney, as appropriate, shall issue an order assessing a civil penalty of not more than $1,000.  The person alleged to have violated the compliance order has thirty days from the date of issuance of the order assessing the civil penalty to request a hearing pursuant to title 41, chapter 6.

C. Any party aggrieved by an order or decision of the attorney general, county attorney or city or town attorney, as appropriate, may appeal to the superior court as provided in title 12, chapter 7, article 6.

D. For the purposes of this section, failure to comply with a compliance order issued by the attorney general, county attorney or city or town attorney, as appropriate, as prescribed in subsection A of this section is deemed an intentional act. END_STATUTE

START_STATUTE16-925. Deceptive mailings; civil penalty

A. In an attempt to influence the outcome of an election, an individual or committee shall not deliver or mail any document that falsely purports to be a mailing that is authorized, approved, required, sent or reviewed by or that falsely simulates a document from the government of this state, a county, city or town or any other political subdivision.

B. An individual or committee that violates this section is liable for a civil penalty equal to twice the total of the cost of the mailing or $500, whichever is greater. The attorney general, the county attorney, the city or town attorney or any other legal representative of the political subdivision, as appropriate, may assess the civil penalty. END_STATUTE

Sec. 3. Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-fifth legislature, second regular session.

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