Bill Text: MS HB372 | 2017 | Regular Session | Introduced
Bill Title: Campaign staff; require candidate to report the employment of.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB372 Detail]
Download: Mississippi-2017-HB372-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representative Eubanks
House Bill 372
AN ACT TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO REQUIRE A CANDIDATE TO REPORT THE NAME AND ADDRESS OF ANY INDIVIDUAL EMPLOYED BY THE CANDIDATE OR THE POLITICAL COMMITTEE OF THE CANDIDATE; TO REQUIRE THE INDIVIDUAL EMPLOYED BY THE CANDIDATE OR THE POLITICAL COMMITTEE OF THE CANDIDATE TO SUBMIT THE APPROPRIATE 1099 FORM; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-801 AND 23-15-809, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-807, Mississippi Code of 1972, is amended as follows:
23-15-807. (a) Each
candidate or political committee shall file reports of contributions and
disbursements in accordance with the provisions of this section. All
candidates or political committees required to report may terminate its
obligation to report only upon submitting a final report that it will no longer
receive any contributions or make any disbursement and that * * * the candidate or committee has no
outstanding debts or obligations. The candidate, treasurer or chief executive
officer shall sign each * * *such report.
(b) Candidates who are
seeking election, or nomination for election, and political committees that
make expenditures for the purpose of influencing or attempting to influence the
action of voters for or against the nomination for election, or election, of
one or more candidates or balloted measures at * * * an election, shall file the
following reports:
(i) In any calendar
year during which there is a regularly scheduled election, a preelection
report, which shall be filed no later than the seventh day before any election
in which * * *
the candidate or political committee has accepted contributions or made
expenditures and which shall be complete as of the tenth day before * * * the election;
(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year.
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file in the year in which they are to be elected, periodic reports which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.
(d) * * * Each report under this * * * section shall disclose:
(i) For the reporting
period and the calendar year, the total amount of all contributions and the
total amount of all expenditures of the candidate or reporting committee which
shall include those required to be identified pursuant to * * * paragraph (ii) of this * * * subsection as well as the
total of all other contributions and expenditures during the calendar year. * * * The reports shall be cumulative
during the calendar year to which they relate;
(ii) The identification of:
1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;
2. Each person or
organization, candidate or political committee who receives an expenditure,
payment or other transfer from the reporting candidate, political committee or its
agent, employee, designee, contractor, consultant or other person or persons
acting in its behalf during the reporting period when the expenditure, payment
or other transfer to such person, organization, candidate or political
committee within the calendar year have an aggregate value or amount in excess
of Two Hundred Dollars ($200.00) together with the date and amount of * * *
the expenditure * * *;
(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;
(iv) In addition to
the contents of reports specified in * * * paragraphs (i), (ii) and (iii) of
this * * *
subsection, each political party shall disclose:
1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2. Each person or organization who receives an expenditure by a political party or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure.
(v) The name and address of any individual, whether employed full-time, part-time or contractually, who receives any compensation or payment from a candidate or the political committee of a candidate, regardless of the amount of the compensation or payment, for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of the candidate. These individuals shall report this income by submitting the appropriate 1099 form as required by the Internal Revenue Service and the Mississippi Department of Revenue. The report shall be filed in every calendar year, beginning in 2018, by no later than January 31 of that calendar year and re-filed if any changes are made to the individuals who are employed by the candidate or the political committee of a candidate.
(e) The appropriate office
specified in Section 23-15-805 must be in actual receipt of the reports
specified in this * * *
section by 5:00 p.m. on the dates specified in * * * subsection (b) of this
section. If the date specified in * * * subsection (b) of this section
shall fall on a weekend or legal holiday then the report shall be due in the
appropriate office at 5:00 p.m. on the first working day before the date
specified in * * *
subsection (b) of this section. The reporting candidate or reporting
political committee shall ensure that the reports are delivered to the
appropriate office by the filing deadline. The Secretary of State may approve
specific means of electronic transmission of completed campaign finance
disclosure reports, which may include, but not be limited to, transmission by
electronic facsimile (FAX) devices.
(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:
1. The name of the receiving candidate;
2. The name of the receiving candidate's political committee, if any;
3. The office sought by the candidate;
4. The identification of the contributor;
5. The date of receipt;
6. The amount of the contribution;
7. If the contribution is in kind, a description of the in-kind contribution; and
8. The signature of the candidate or the treasurer or director of the candidate's political committee.
(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 2. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (a) Candidates
for state, state district, and legislative district offices, and every
political committee, which makes reportable contributions to or expenditures in
support of or in opposition to a candidate for any such office or makes
reportable contributions to or expenditures in support of or in opposition to a
statewide ballot measure, shall file all reports required * * * by this article with the Office of
the Secretary of State.
(b) Candidates for county
or county district office, and every political committee which makes reportable
contributions to or expenditures in support of or in opposition to a candidate
for such office or makes reportable contributions to or expenditures in support
of or in opposition to a countywide ballot measure or a ballot measure
affecting part of a county, excepting a municipal ballot measure, shall file
all reports required by this * * * article in the office of the
circuit clerk of the county in which the election occurs. The circuit clerk
shall forward copies of all reports to the Office of the Secretary of State.
(c) Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs. The municipal clerk shall forward copies of all reports to the Office of the Secretary of State.
(d) The Secretary of State,
the circuit clerks and the municipal clerks shall make all reports received
under this subsection available for public inspection and copying and shall
preserve * * *
the reports for a period of five (5) years.
* * *
SECTION 3. Section 23-15-801, Mississippi Code of 1972, is brought forward as follows:
23-15-801. (a) "Election" shall mean a general, special, primary or runoff election.
(b) "Candidate" shall mean an individual who seeks nomination for election, or election, to any elective office other than a federal elective office and for purposes of this article, an individual shall be deemed to seek nomination for election, or election:
(i) If such individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or
(ii) If such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.
(c) "Political committee" shall mean any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures and shall, in addition, include each political party registered with the Secretary of State.
(d) "Affiliated organization" shall mean any organization which is not a political committee, but which directly or indirectly establishes, administers or financially supports a political committee.
(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;
(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;
(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party.
(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.
(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;
(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.
(g) The term "identification" shall mean:
(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
(ii) In the case of any other person, the full name and address of such person.
(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of such association, committee or organization.
(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.
(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of such candidate.
(k) The term "clearly identified" shall mean that:
(i) The name of the candidate involved appears; or
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
SECTION 4. Section 23-15-809, Mississippi Code of 1972, is brought forward as follows:
23-15-809. (a) Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section 23-15-807. Such statement shall be filed with the appropriate offices as provided for in Section 23-15-805, and such person shall be considered a political committee for the purpose of determining place of filing.
(b) Statements required to be filed by this subsection shall include:
(i) Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(ii) Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(iii) The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
