Bill Text: MS SB2575 | 2024 | Regular Session | Introduced
Bill Title: Campaign finance; reform.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-04-10 - Died On Calendar [SB2575 Detail]
Download: Mississippi-2024-SB2575-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) England
Senate Bill 2575
AN ACT TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, TO DEFINE RELEVANT TERMS; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATES AND POLITICAL COMMITTEES TO FILE A STATEMENT OF ORGANIZATION PRIOR TO RECEIVING CONTRIBUTIONS AND MAKING EXPENDITURES; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO REQUIRE POLITICAL COMMITTEES TO FOLLOW REPORTING REQUIREMENTS FOR EACH ELECTION CYCLE FOR WHICH THEY MAKE EXPENDITURES; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATE COMMITTEES TO REPORT CONTRIBUTIONS AND DISBURSEMENTS; TO AMEND SECTION 23-15-809, MISSISSIPPI CODE OF 1972, TO REQUIRE PERSONS MAKING EXPENDITURES TO ENSURE THE RECEIVING ENTITY RECEIVES AN EXPENDITURE REPORT WITHIN TWO BUSINESS DAYS; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO ALLOW THE SECRETARY OF STATE AND THE ATTORNEY GENERAL TO ENFORCE SANCTIONS OF THIS SECTION; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO PROVIDE FURTHER PROCEDURE FOR ENFORCING THE CIVIL PENALTIES FOR VIOLATIONS OF CAMPAIGN FINANCIAL DISCLOSURE REQUIREMENTS; TO AMEND SECTION 23-15-815, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE SECRETARY OF STATE DISSEMINATE REQUIRED CAMPAIGN DISCLOSURES, STATEMENTS AND REPORTS, AND MAINTAIN A RECORD OF SUCH INFORMATION FOR FIVE YEARS; TO AMEND SECTION 23-15-817, MISSISSIPPI CODE OF 1972, TO ALLOW THE ATTORNEY GENERAL, ON BEHALF OF THE SECRETARY OF STATE, TO BRING DISCIPLINARY ACTIONS AGAINST A CANDIDATE FOR STATEWIDE OR STATE DISTRICT OFFICE WHO FAILS TO FILE A TIMELY CAMPAIGN DISCLOSURE REPORT; TO BRING FORWARD SECTION 23-15-819, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-821, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CANDIDATES WITH AN EXEMPT CAMPAIGN FINANCE FUND THAT ARE NO LONGER IN OFFICE MUST PROPERLY REPORT THIS INFORMATION TO THE SECRETARY OF STATE WITHIN FOUR YEARS AFTER LEAVING OFFICE; TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO PROVIDE PROVISIONS REGARDING IN-KIND CONTRIBUTIONS AND EXPENDITURES; TO CREATE NEW SECTION 23-15-825, MISSISSIPPI CODE OF 1972, TO DEFINE RELEVANT TERMS RELATED TO ELECTIONEERING COMMUNICATION; TO CREATE NEW SECTION 23-15-827, MISSISSIPPI CODE OF 1972, TO ELABORATE ON WHAT CONDUCT CONSTITUTES A CONTRIBUTION OF CAMPAIGN MATERIALS BY A CANDIDATE; TO CREATE NEW SECTION IN TITLE 23, CHAPTER 15, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATES TO DISCLOSE LOANS AND CREDIT EXTENSIONS; TO PROVIDE WHAT ACCOUNTING MUST BE KEPT BY A CANDIDATE OR TREASURER OF A POLITICAL COMMITTEE; TO PROHIBIT POLITICAL CONTRIBUTIONS BY CORPORATIONS AND PROVIDE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-801, Mississippi Code of 1972, is amended as follows:
23-15-801. (a) "Election" means a general, special, primary or runoff election.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office other than a federal elective office. For purposes of this article, an individual shall be deemed to seek nomination for election, or election:
(i) * * * If he or she files a declaration of candidacy
with the Secretary of State seeking to become a candidate for the Legislature
or any statewide or state district office, files a declaration of intent with
the county circuit clerk if seeking county or county district office, or with
the municipal clerk if seeking municipal or municipal district office; or
(ii) * * *
If he or she officially qualifies for office by filing the appropriate
paperwork by the qualifying deadlines specified in Sections 23-15-299, 23-15-309,
23-15-359, 23-15-361 and 23-15-977, whichever occurs first; or
(iii) No individual may accept contributions or make expenditures until he or she has filed a declaration of intent to seek office with the appropriate office or officially qualifies for office.
(c) "Candidate committee" means a committee established by a candidate for the purpose of receiving contributions and making expenditures to obtain elected office.
( * * *d) "Political committee"
means any committee, party, club, association, political action committee,
campaign committee or other groups of persons or affiliated organizations that
receives contributions * * * during a
calendar year or that makes expenditures * * *
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. Political committees
shall, in addition, include each political party registered with the Secretary
of State.
An inaugural committee is not a political committee, and is therefore not required to file campaign finance disclosure reports. An inaugural committee is the legal entity responsible for fundraising for and the planning and coordination of all official events and activities surrounding the inauguration of an elected official.
( * * *e) "Affiliated organization"
means any organization that is not a political committee, but that directly or
indirectly establishes, administers or financially supports a political
committee.
( * * *f) (i) "Contribution" shall
include any corporate contribution, coordinated expenditure, coordinated communication,
gift, subscription, loan, advance or deposit of money or anything of value
made by any person, corporation 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 corporate contribution, coordinated
expenditure, coordinated communication, gift, subscription, loan, advance
or deposit of money or anything of value made by any person, corporation, 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; or
(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.
(g) "Corporate contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any corporation, incorporated company or incorporated association, or any servant, agent, employee or officer thereof, using any money, security, funds or property of said corporation, incorporated company or incorporated association for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation to any committee or person as a contribution to the expense of any pollical party or candidate, representative or committee of any pollical party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate.
(h) "Corporation" shall include any incorporated company, incorporated association, by whatever name it may be known, incorporated or organized under the laws of any state or any agent, employee or officer thereof.
( * * *i) (i) "Expenditure" shall
include any purchase, payment, distribution, loan, advance, deposit, gift of
money or anything of value, made by any person, corporation 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 the
facilities are owned or controlled by any political party, political committee * * * or candidate; * * *
(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.
( * * *j) 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 the person.
( * * *k) 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 the association, committee or organization.
( * * *l) The term "person" shall
mean any individual, family, firm, * * * partnership, association or other
legal entity.
( * * *m) The term "independent
expenditure" shall mean an expenditure by a person or corporation expressly
advocating the election or defeat of a clearly identified candidate that is
made without cooperation, coordination or consultation with any
candidate or any authorized committee or agent of the candidate, and that is
not made in concert with or at the request or suggestion of any candidate or any
authorized committee or agent of the candidate.
(n) The term "coordinated expenditure" shall mean a disbursement or an action to cause a disbursement that:
(i) Promotes the success or defeat of a candidate or a political party at an election; and
(ii) Is made in cooperation, consultation, understanding, agreement or concert with, or at the request or suggestion of, the candidate or political party that is the beneficiary of the disbursement.
Coordinated expenditure includes a disbursement for any communication that republishes or disseminates, in whole or in part, a video, a photograph, audio footage, a written graphic or any other form of campaign material prepared by the candidate or political party that is the beneficiary of the disbursement. Coordinated expenditure does not include a disbursement for any communication that is not a public communication.
(o) The term "coordinated communication" shall mean a communication that is coordinated with a candidate, an authorized committee, a political party committee, or any servant, agent, employee or officer of any of the foregoing when the communication:
(i) Is paid for, in whole or in part, by a person other than that candidate, authorized committee or political party committee;
(ii) Satisfies at least one (1) of the content standards in Section 23-15-823(b); and
(iii) Satisfies at least one (1) of the conduct standards in Section 23-15-823(c).
( * * *p) The term "clearly identified"
shall mean that:
(i) The name or nickname 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.
(q) The term "public communication" means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. The term general public political advertising shall not include communications over the internet, except for communications placed for a fee on another person's website, digital device, application or advertising platform.
SECTION 2. Section 23-15-803, Mississippi Code of 1972, is amended as follows:
23-15-803. (1) Each candidate
or political committee shall file a statement of organization which must be
received by the Secretary of State * * *
prior to the candidate or political committee receiving contributions or making
expenditures. All candidates will be required to establish a candidate committee
and will report all contributions and expenditures made seeking elective office
through the candidate committee. A candidate may be the sole member and treasurer
of a candidate committee.
(a) * * * Political committees which support
or oppose statewide, state district or legislative candidates and statewide
ballot measure shall file with the Secretary of State; or
(b) * * * Political committees which support or
oppose county or county district candidates or county ballot measures shall
file with the county circuit clerk.
(2) The political committee shall notify the Secretary of State by January 31 of each year indicating the reporting schedule as published by the Secretary of State the political committee intends to follow. If the political committee opts out for the year, an annual report is still due January 31.
If the political committee decides at any point during the calendar year to support or oppose a candidate for election, the political committee may opt in to filing that particular reporting schedule and must continue filing until the end of the year.
(3) The content of the statement of organization of a candidate committee shall include:
(a) The name, address, officers and members of the committee;
(b) An electronic mail (email) address unique to the candidate committee;
(c) The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer; and
(d) The name, address, office sought and party affiliation, if any, of the candidate.
( * * *4) The content of the statement of
organization of a political committee shall include:
(a) The name, address,
officers * * * and
members of the committee;
(b) An electronic mail (email) address unique to the political committee;
( * * *c) The designation of a chair of the
organization and a custodian of the financial books, records and accounts of
the organization, who shall be designated treasurer. If the chair or the
treasurer of the organization is not a Mississippi resident, the political
committee shall designate an individual located in Mississippi capable of
receiving service of process for the entity; and
( * * *d) * * *
The election cycles, as set for in Section 23-15-807, in which the
political committee will be making expenditures. A political committee may
amend its statement of organization to add or remove election cycles in which
it will be making expenditures. If a political committee contributes to a
candidate not on an identified schedule, that political committee must continue
filing all periodic reports of said schedule. A political committee shall file
all periodic reports required for the election cycle(s) that it has designated
on its statement of organization.
( * * *5) Any change in information
previously submitted in a statement of organization shall be reported * * *
within thirty (30) days of the change occurring or on an amended statement of
organization.
( * * *6) In addition to any other penalties
provided by law, the * * * Secretary of State may impose
administrative penalties against any political committee that fails to comply with
the requirements of this section in an amount not to exceed Five Thousand
Dollars ($5,000.00) per violation. The Secretary of State shall impose
administrative penalties of Five Hundred Dollars ($500.00) against any
candidate committee that fails to file a statement of organization. The
notice, hearing and appeals provisions of Section 23-15-813 shall apply to any
action taken pursuant to this subsection ( * * *6). The * * * Attorney General's
Office or district attorney with appropriate jurisdiction shall pursue
judicial enforcement of any penalties issued pursuant to this section at the
request of the Mississippi Secretary of State. Pursuant to Section 7-5-39,
the Attorney General shall authorize the retention of independent counsel from
outside his or her office if the Attorney General declines representation when
requested.
SECTION 3. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (a) * * * Candidate committees 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 under this article with the
Office of the Secretary of State. Political committees shall file all
reports required by this section in accordance with the election cycle the committee
provided on their statement of organization. A political committee that begins
making expenditures in an election cycle must file all required reports for
that election cycle unless a termination report is filed.
(i) The Secretary of State shall maintain a central site on the internet to make accessible to the public and searchable all publicly available election-related reports and information. Reports shall be searchable by the identifiable variables on the report, including, but not limited to, candidate, office sought, itemized contribution, itemized expenditure, amount of contribution and amount of expenditure. In this section, the term "election-related report" means any report, designation or statement required to be filed under this chapter.
(ii) Candidates and political committees required to file with the Secretary of State's Office shall be required to use the online filing system for filing campaign finance reports by January 1, 2027.
(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 section in the office of the circuit clerk of the county
in which the election occurs, * * *
via the electronic delivery portal, facsimile, electronic mail, postal
mail or hand delivery. The circuit clerk shall forward copies of all reports
to the Office of the Secretary of State within ten (10) days of receipt of
the reports.
(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, * * *
via the electronic delivery portal, facsimile, electronic mail, postal
mail or hand delivery. The municipal clerk shall forward copies of all reports
to the Office of the Secretary of State within ten (10) days of receipt of
the reports.
(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 4. Section 23-15-807, Mississippi Code of 1972, is amended as follows:
23-15-807. (a) Each candidate
committee or political committee shall file reports of contributions and
disbursements in accordance with the provisions of this section. All * * * candidate committees or political
committees required to report such contributions and disbursements may terminate
the obligation to report only upon submitting a final report that contributions
will no longer be received or disbursements made, the committee does not carry
a cash-on-hand balance, and that the * * * committee has no outstanding debts
or obligations. The candidate, treasurer or chief executive officer shall sign
the report.
(b) Candidate committees for candidates seeking election, or nomination for election, and political committees making expenditures to influence or attempt to influence voters for or against the nomination for election of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled primary election, general election or special election, a pre-election report 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 shall be completed as of the tenth day before the election;
(ii) In * * * any
year in which the Governor is elected, which shall be designated as the gubernatorial
election cycle on the statement of organization as required by 23-15-803, periodic
reports shall be filed no later than the tenth day after April 30, May 31, June
30, September 30 and December 31, and shall be completed as of the last day of each
period;
(iii) In any * * * year in which there is no regularly scheduled election and the committee
did not file periodic reports, a report covering the calendar year shall be
filed no later than January 31 of the following calendar year; and
(iv) Except as otherwise provided in the requirements of paragraph (i) of this subsection (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by paragraphs (ii) and (iii) of this subsection (b).
(c) All * * * candidate committees for judicial
office, as defined in Section 23-15-975, * * * shall file periodic
reports in the year in which they are to be elected, which shall be
designated as the judicial election cycle on the statement of organization
required by 23-15-803, no later than the tenth day after April 30, May 31, June
30, July 31, August 31, September 30 and December 31. * * * All candidate committees for judicial candidates
shall file an annual report in accordance with subsection (b)(iii) of this
section.
(i) In any calendar year during which there is a regularly scheduled election or special election, a pre-election report shall be filed no later than the seventh day before any election in which the candidate committee or political committee has accepted contributions or made expenditures and shall be completed as of the tenth day before the election;
(ii) In any calendar in which the candidate is not running for office, a report covering the calendar year shall be filed no later than January 31 of the following calendar year; and
(iii) Except as otherwise provided in the requirements of this paragraph (i) of this subsection, unopposed candidates are not required to file pre-election reports but must file all other reports required by subsection (b)(ii) and (iii) of this section.
(d) Each report under this article 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 committee or reporting committee, including those required to be identified pursuant to paragraph (ii) of this subsection (d) 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,
candidate committee or political committee who makes a contribution to the reporting
candidate committee 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 * * *;.
When making solicitations, committees and their treasurers shall obtain and report the name, address, occupation and employer of each contributor who gives more than Two Hundred Dollars ($200.00) in an election cycle. For each contribution received aggregating in excess of Two Hundred Dollars ($200.00) per calendar year lacking required contributor information, such as the contributor's full name, mailing address, occupation or name of employer, the treasurer shall after the receipt of the contribution obtain the missing information. If the missing or incomplete information is not received by the next reporting deadline, the contribution shall be returned to the contributor or remitted to the Secretary of State's Office to be deposited into the general fund; and
2. Each person * * *, candidate
committee, organization, candidate or political committee who receives an expenditure,
payment or other transfer from the reporting candidate committee, political
committee or its agent, employee, designee, contractor, consultant or other person
or persons acting * * * on its behalf during the reporting period
when the expenditure, payment or other transfer to the 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, purpose
and amount of the expenditure * * *.
If the candidate committee or political committee has received any service, performance or anything of value during a reporting period but has yet to make payment or other transfer, the service, performance or anything of value received in exchange for a future payment or other transfer shall be reported during the reporting period it was received with a designation that a payment or other transfer is to be made at a later date;
(iii) Any interest, dividends or income earned by investment of monies held by a campaign committee or political committee shall not be reported as a contribution but shall be reported as a separate category;
( * * *iv) The total amount of cash on hand
of each reporting candidate and reporting political committee;
( * * *v) In addition to the contents of reports
specified in paragraphs (i), (ii) * * *, (iii) and (iv) of this subsection
(d), each political party shall disclose:
1. Each person, candidate committee 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,
candidate committee or organization who receives an 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, purpose and amount of the expenditure;
( * * *vi) Disclosure required under this section
of an expenditure to a credit card issuer, financial institution or business allowing
payments and money transfers to be made over the Internet must include, by way of
detail or separate entry, the amount of funds passing to each person, business entity
or organization receiving funds from the expenditure * * *;
(vii) Disclosure required under this section of a contribution to a financial institution or business allowing payments and money transfers to be made over the internet must include, by way of detail or separate entry, the amount of funds passing from each person, business entity or organization contributing funds;
(viii) Anonymous contributions shall not be accepted. Any anonymous contributions shall be returned to the donor if possible. If not possible, such funds shall be remitted to the Secretary of State within five (5) days of receipt to be deposited into the general fund.
(e) Each report required under this section shall include a penalty of perjury certification, signed by the candidate or the chair or treasurer of the political committee, that the information included in the report is true, accurate, and complete to the best of the signer's knowledge.
( * * *f) The appropriate office specified in
Section 23-15-805 must be in actual receipt of the reports specified in this article
by 5:00 p.m., or 11:59 p.m. if electronically submitted, 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., or 11:59 p.m. if electronically
submitted, on the first working day before the date specified in subsection
(b) of this section. The reporting candidate committee 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.
( * * *g) (i) If any contribution of more than
Two Hundred Dollars ($200.00) is received by a candidate or candidate * * * committee after the tenth day and
is not reported on the pre-election report, but more than forty-eight (48) hours
before 12:01 a.m. of the day of the election, the candidate committee 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 * * * 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 chair of the candidate * * * committee.
(ii) The notification shall be in writing, and may be transmitted electronically 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.
(h) (i) If any expenditure of more than Two Hundred Dollars ($200.00) is made by a candidate committee after the tenth day and is not reported on the pre-election report, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate committee or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours making the expenditure. The notification shall include:
1. The name of the candidate committee making the expenditure;
2. The office sought by the candidate;
3. The identification of the entity receiving the expenditure;
4. The date of expenditure;
5. The purpose of the expenditure;
6. The amount of the expenditure;
7. The signature of the candidate or the treasurer or chair of the candidate committee.
(ii) The notification shall be in writing, and may be transmitted electronically, by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate 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 expenditure.
SECTION 5. Section 23-15-809, Mississippi Code of 1972, is amended 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.
(c) Persons making such expenditures must ensure that the receiving entity receives the report or statement by close of business on the second business day following the date on which the expenditure is made, or the communication is publicly distributed or otherwise publicly disseminated, whichever occurs first.
SECTION 6. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) Any candidate,
an authorized representative of a candidate committee or any other person who
willfully violates the provisions and prohibitions of this article shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine in a sum not to
exceed * * * Five Thousand Dollars ($5,000.00) or imprisoned for
not longer than * * * one (1) year, or by both fine and imprisonment.
(b) In addition to the penalties
provided in subsection (a) of this section and Chapter 13, Title 97, Mississippi
Code of 1972, any candidate committee or political committee which is required
to file a statement or report and fails to file the statement or report on the date
it is due may be compelled to file the statement or report by an action in the nature
of a mandamus brought by the * * * Mississippi Attorney
General's Office at the request of the Secretary of State's Office. Pursuant
to Section 7-5-39, the Attorney General shall authorize the retention of independent
counsel from outside his or her office if the Attorney General declines
representation when requested.
(c) No candidate shall be certified
as nominated for election or as elected to office until * * * his or her candidate committee
files all reports required by this article that are due as of the date of certification.
(d) No person shall be qualified to appear on the ballot if, by the time the candidate is approved to appear on the ballot for the office sought, he or she has failed to file all reports required to be filed within the last five (5) years.
(e) No candidate who is elected
to office shall receive any salary or other remuneration for the office until * * * his or her candidate committee
files all reports required by this article that are due as of the date the salary
or remuneration is payable.
(f) In the event that a candidate committee fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported and pays any assessed fines, the candidate shall not be subject to the sanctions of subsections (c) and (d) of this section.
SECTION 7. Section 23-15-813, Mississippi Code of 1972, is amended as follows:
23-15-813. (a) In addition
to any other penalty permitted by law, the * * * Secretary of State
shall require any candidate committee or political committee, as
identified in Section 23-15-805(a), and any other political committee
registered with the Secretary of State, who fails to file a campaign finance
disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections
23-17-47 through 23-17-53, or who shall file a report that fails to substantially
comply with the requirements of Sections 23-15-801 through 23-15-813, or
Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:
(i) Within * * * two (2) calendar days after any
deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, except
Section 23-15-807(b)(i) or Sections 23-17-47 through 23-17-53, the Secretary
of State shall compile a list of those * * * candidate committees and
political committees who have failed to file a report. * * * The Secretary of State shall provide each candidate committee
or political committee, who has failed to file a report, notice of the failure
by electronic mail, and if electronic mail is not available, by first-class
mail.
(ii) Beginning with
the * * * fifth
calendar day after which any periodic or annual report is due, the
Mississippi * * * Secretary of State shall assess the delinquent
candidate committee and political committee a civil penalty * * * for each day or part
of any day until a valid report is delivered to the Secretary of State, up to a
maximum of ten (10) days. * * * In the discretion of the Mississippi Ethics Commission , the assessing
of the fine may be waived, in whole or in part, if the Commission determines
that unforeseeable mitigating circumstances, such as the health of the
candidate, interfered with the timely filing of a report. Failure of a
candidate or political committee to receive notice of failure to file a report
from the Secretary of State is not an unforeseeable mitigating circumstance,
and failure to receive the notice shall not result in removal or reduction of
any assessed civil penalty. If the fifth calendar day falls on a
weekend or holiday, fine assessment shall begin the next business day. The
Secretary of State shall accept reports on weekends and holidays if filed
electronically with a timestamp.
1. Candidate committees for statewide office shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.
2. Candidate committees for state district office shall be assessed a civil penalty of Five Hundred Dollars ($500.00) for each day.
3. Candidate committees for legislative office shall be assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) for each day.
4. Political committees shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.
(b) (i) Within two (2) calendar days after any deadline for filing a pre-election report pursuant to Sections 23-15-807(b)(i), the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by electronic mail, if electronic mail is not available, by first-class mail.
(ii) Beginning with the third calendar day after which any pre-election report is due, the Mississippi Secretary of State shall assess the delinquent candidate committee and political committee a civil penalty for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. The Secretary of State shall accept reports on weekends and holidays if filed electronically with a timestamp.
1. Candidate committees for statewide office shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.
2. Candidate committees for state district office shall be assessed a civil penalty of Five Hundred Dollars ($500.00) for each day.
3. Candidate committees for legislative office shall be assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) for each day.
4. Political committees shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.
( * * *c) Filing of the required report and
payment of the fine within ten (10) calendar days of notice by the Secretary of
State that a required statement has not been filed constitutes compliance with
Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.
( * * *d) Payment of the fine without filing
the required report does not excuse or exempt any person from the filing requirements
of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
( * * *e) If any candidate committee or
political committee is assessed a civil penalty, and the penalty is not subsequently * * * appealed,
the candidate committee or political committee shall pay the fine to the * * * Secretary of State within * * * sixty (60) days of the date
of the assessment of the fine. The fine shall be deposited into the State's
General Fund. If, after * * * ninety (90) days
of the assessment of the fine the payment for the entire amount of the assessed
fine has not been received by the * * * Secretary of State, the * * * Secretary of State shall
notify the Attorney General of the delinquency, and the Attorney General shall file,
where necessary, a suit to compel payment of the civil penalty. Pursuant to
Section 7-5-39, the Attorney General shall authorize retention of independent
counsel from outside his or her office if the Attorney General declines
representation when requested.
* * *
( * * *f) (i) * * * In the
event the candidate committee or political committee appeals, the appeal shall
be to the Circuit Court of Hinds, Madison or Rankin County * * *. The appeal shall be taken within thirty (30)
calendar days after notice of the * * *
fine by the Secretary of State. The appeal shall be perfected upon
filing notice of the appeal and the prepayment of all costs, * * * and filing a bond in the sum of Two Hundred
Dollars ($200.00), conditioned that if the decision of the * * * Secretary of State is
affirmed by the court, the candidate or political committee will pay the costs
of the appeal and the action in court. * * *
(ii) If there is an
appeal, the appeal shall act as a supersedeas. The court shall dispose of the
appeal and enter its decision promptly. The hearing on the appeal may be tried
in vacation, in the court's discretion. * * * The decision of the court may be appealed
to the Supreme Court in the manner provided by law.
* * *
( * * *g) If, after twenty (20) calendar days
of the date upon which a campaign finance disclosure report is due, a candidate
or political committee identified in subsection (a) or (b) of this section
shall not have filed a valid report with the Secretary of State, the Secretary
of State shall notify the Attorney General of those candidates and political
committees who have not filed a valid report, and the Attorney General shall
prosecute the delinquent candidates and political committees. Pursuant to
Section 7-5-39, the Attorney General shall authorize the retention of
independent counsel from outside his or her office if the Attorney General declines
representation when requested.
SECTION 8. Section 23-15-815, Mississippi Code of 1972, is amended as follows:
23-15-815. * * *
(1) It shall be the duty and power of the
Secretary of State:
(a) To prescribe forms of statements and other information required to be filed by this chapter, to furnish such forms to the county circuit clerks and municipal clerks and individuals, or others required to file such statements and information, and to prepare, publish and distribute or cause to be distributed to all candidates at the time they file notices of candidacy a manual setting forth the provisions of this article and a prescribed uniform system for accounts required to file statements by this chapter.
(b) The Secretary of State, circuit clerks and municipal clerks shall, within forty-eight (48) hours after the time of the receipt by the appropriate office of reports and statements filed with it, make them available for public inspection, and copying at the expense of the person requesting such copying, and keep such designations, reports and statements for a period of five (5) years from the date of receipt.
(c) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter, subject to redaction of non-public information.
(d) To publish an annual report detailing the year's campaign finance activity, including but not limited to the number of reports filed, fines assessed, fines collected and a summary of any issues reported and investigated.
(2) The Secretary of State shall inspect or cause to be inspected each statement filed with the Secretary of State under this chapter within ten (10) days after the date it is filed. The Secretary of State shall notify, no more than ten (10) days and at least five (5) days before each report is due, each candidate or treasurer whose organizational report has been filed, of the specific date each report is due. He or she shall immediately notify any individual, candidate, treasurer, political committee, referendum committee or other entity that may be required to file a statement under this chapter if:
(a) It appears that the individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement or report as required by law or that a statement or report filed does not conform to this chapter; or
(b) A written complaint is filed under oath with the Secretary of State by any registered candidate or authorized representative of a candidate or political party of this State alleging that a statement or report filed with the Secretary of State does not conform to this chapter or to the truth, or that an individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement required by this chapter. The entity that is the subject of the complaint will be given an opportunity to respond to the complaint within five (5) business days before any action is taken requiring compliance.
(3) To make investigations to the extent the Secretary of State deems necessary with respect to statements and reports filed under the provisions of this chapter and with respect to alleged failures to file any statement or reports required under the provisions of this chapter and, upon complaint, signed and sworn under oath or affirmation, by any registered candidate or authorized representative of a candidate or political party, with respect to alleged violations of any part of this chapter. All investigations shall be confidential, and no investigation shall be initiated more than four (4) years from the earliest of the following dates:
(a) The facts constituting the violation are known to the Secretary of State;
(b) The facts constituting the violation can be determined from the public record; or
(c) The complainant knew or should have known of the conduct upon which the complaint is based.
SECTION 9. Section 23-15-817, Mississippi Code of 1972, is amended forward as follows:
23-15-817. The Secretary of
State shall compile a list of all candidates for the Legislature or any
statewide or state district office who fail to file a campaign
disclosure report by the dates specified in Section 23-15-807(b). The * * * Attorney General, on behalf of the
Secretary of State, may bring a mandamus as provided in Section 23-15-811
or take any other disciplinary action as provided in this chapter. The list shall
also be disseminated to the members of the Mississippi Press Association within
two (2) working days after such reports are due and made available to the
public.
SECTION 10. Section 23-15-819, Mississippi Code of 1972, is brought forward as follows:
23-15-819. (1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.
(2) No person shall solicit, accept or receive any such contribution from a foreign national.
(3) The term "foreign national" means:
(a) A foreign national as defined in 22 USCS 611(b), except that the terms "foreign national" does not include any individual who is a citizen of the United States; or
(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
SECTION 11. Section 23-15-821, Mississippi Code of 1972, is amended as follows:
23-15-821. (1) The personal use of campaign contributions by any elected public officeholder or by any candidate for public office is prohibited.
(a) For the purposes of this section, "personal use" is defined as any use, other than expenditures related to gaining or holding public office, or performing the functions and duties of public office, for which the candidate for public office or elected public official would be required to treat the amount of the expenditure as gross income under Section 61 of the Internal Revenue Code of 1986, 26 USC Section 61, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended. "Personal use" shall not include donations to a political organization, or to a political action committee, or to another candidate.
(b) "Candidate" shall mean any individual described in Section 23-15-801(b), and shall include any person having been a candidate until such time that the person takes office or files a termination report as provided in this section.
(c) "Officeholder" shall mean any elected or appointed official from the beginning of his or her term of office until that person no longer holds office.
(2) The following personal use expenditures are specifically prohibited under this section:
(a) Any residential or household items, supplies or expenditures, including mortgage, rent or utility payments for any part of any personal residence where a homestead exemption is claimed of a candidate or officeholder or a member of the candidate's or officeholder's family;
(b) Mortgage, rent or utility payments for any part of any nonresidential property that is owned by a candidate or officeholder or a member of a candidate's or officeholder's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;
(c) Funeral, cremation or burial expenses within a candidate's or officeholder's family;
(d) Clothing, other than items of de minimis value that are used for gaining or holding public office or performing the functions and duties of public office;
(e) Automobiles, except for automobile rental expenses and other automobile expenses related to gaining or holding public office or performing the functions and duties of public office;
(f) Tuition payments within a candidate's or officeholder's family other than those associated with training campaign staff or associated with an officeholder's duties;
(g) Salary payments to a member of a candidate's family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to a campaign, any salary payments in excess of the fair market value of the services provided is personal use;
(h) Nondocumented loans of any type, including loans to candidates;
(i) Travel expenses except for travel expenses of a candidate, officeholder or staff member of the officeholder for travel undertaken as an ordinary and necessary expense of gaining or holding public office, or performing the functions and duties of public office or for attending meetings or conferences of officials similar to the office held or sought, or for an issue the legislative body is or will consider, or attending a state or national convention of any party. If a candidate or officeholder uses campaign contributions to pay expenses associated with travel that involves both personal activities and activities related to gaining or holding public office or performing the functions and duties of public office, the incremental expenses that result from the personal activities are personal use, unless the person(s) benefiting from this use reimburse(s) the campaign account within thirty (30) days for the amount of the incremental expenses; and
(j) Payment of any fines, fees or penalties assessed pursuant to Mississippi law.
(3) Any expense that reasonably relates to gaining or holding public office, or performing the functions and duties of public office, is a specifically permitted use of campaign contributions. Such expenditures are not considered personal use expenditures and may include, but are not limited to, the following expenditures:
(a) The defrayal of ordinary and necessary expenses of a candidate or officeholder, including expenses reasonably related to performing the duties of the office held or sought to be held;
(b) Campaign office or officeholder office expenses and equipment, provided the expenditures and the use of the equipment can be directly attributable to the campaign or office held;
(c) Donations to charitable organizations, not-for-profit organizations or for sponsorships, provided the candidate or officeholder does not receive monetary compensation, other than reimbursements of expenses, from the recipient organization;
(d) Gifts of nominal value and donations of a nominal amount made on a special occasion such as a holiday, graduation, marriage, retirement or death, unless made to a member of the candidate's or officeholder's family;
(e) Meal and beverage expenses which are incurred as part of a campaign activity or as a part of a function that is related to the candidate's or officeholder's responsibilities, including meals between and among candidates and/or officeholders that are incurred as an ordinary and necessary expense of seeking, holding or maintaining public office, or seeking, holding or maintaining a position within the Legislature or other publicly elected body;
(f) Reasonable rental or accommodation expenses incurred by an officeholder during a legislative session or a day or days in which the officeholder is required by his or her duties to be at the Capitol or another location outside the officeholder's county of residence. Such rental or accommodation expenses shall not exceed Fifty Dollars ($50.00) per day, if the officeholder receives per diem, or One Hundred Ninety Dollars ($190.00) per day, if the officeholder receives no per diem. Any expenses incurred under this paragraph (f) must be reported as an expenditure pursuant to this section;
(g) Communication access expenses, including mobile devices and Internet access costs. Examples of communication access expenses include, but are not limited to, the following: captioning on television advertisements; video clips; sign language interpreters; computer-aided real-time (CART) services; and assistive listening devices;
(h) Costs associated with memberships to chambers of commerce and civic organizations;
(i) Legal fees and costs associated with any civil action, criminal prosecution or investigation related to conduct reasonably related to the candidacy or performing the duties of the office held.
(4) Upon filing the termination report required under Section 23-15-807, any campaign contributions not used to pay for the expenses of gaining or holding public office or performing the functions and duties of public office shall:
* * *
( * * *a) Be donated to a political
organization, or to a political action committee, or to another candidate;
( * * *b) Be transferred, in whole or in
part, into a newly established political action committee or ballot question
advocate;
( * * *c) Be donated to a tax-exempt
charitable organization as that term is used in Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 USC Section 501, or any subsequent
corresponding Internal Revenue Code of the United States, as from time to time
amended;
( * * *d) Be donated to the State of Mississippi;
or
( * * *e) Be returned to a donor or donors.
(5) Any candidate for public office or any elected official who willfully violates this section shall be guilty of a misdemeanor and punished by a fine of One Thousand Dollars ($1,000.00) and by a state assessment equal to the amount of misappropriated campaign contributions. The state assessment shall be deposited into the Public Employees' Retirement System. No fine or assessment imposed under this section shall be paid by a third party.
(6) (a) Any contributions accruing to a candidate's or officeholder's campaign account before January 1, 2018, shall be exempt and not subject to the provisions of this section. All exempt contributions must be designated as exempt on all reports filed with the Secretary of State pursuant to the provisions of this chapter.
(b) Should a candidate with exempt campaign finance funds no longer hold office, the funds shall be dispensed with and properly reported to the Secretary of State's Office within four (4) years after leaving office.
(7) The Mississippi Ethics Commission shall issue advisory opinions regarding any of the requirements set forth in this section. When any officeholder or candidate requests an advisory opinion, in writing, and has stated all of the facts to govern the opinion, and the Ethics Commission has prepared and delivered the opinion with references to the request, there shall be no civil or criminal liability accruing to or against any officeholder or candidate who, in good faith, follows the direction of the opinion and acts in accordance with the opinion, unless a court of competent jurisdiction, after a full hearing, judicially declares that the opinion is manifestly wrong and without any substantial support. No opinion shall be given or considered if the opinion would be given after judicial proceedings have commenced.
All advisory opinions issued
pursuant to the provisions of this subsection (7) shall be made public and
shall be issued within ninety (90) days of a written request. The
request for an advisory opinion shall be confidential as to the identity of the
individual making the request. The Ethics Commission shall, so far as
practicable and before making public * * * an advisory opinion issued under the
provisions of * * *
this subsection (7), make such deletions and changes thereto as may be necessary
to ensure the anonymity of the public official and any other person named in
the opinion.
SECTION 12. The following shall be codified as Section 23-15-823, Mississippi Code of 1972:
23-15-823. (1) The following shall be treatment as an in-kind contribution and expenditure:
(a) A payment for a coordinated communication is made for the purpose of influencing an election and is an in-kind contribution to the candidate, authorized committee or political party committee with whom or which it is coordinated and must be reported as an expenditure made by that candidate, authorized committee, or political party committee; or
(b) In-kind contributions resulting from conduct described in this section, notwithstanding paragraph (a) of this subsection, the candidate, authorized committee or political party committee with whom or which a communication is coordinated does not receive or accept an in-kind contribution, and is not required to report an expenditure that results from conduct described in this section, unless the candidate, authorized committee or political party committee engages in conduct described in this section.
(2) A political committee, other than a political party committee, that makes a coordinated communication must report the payment for the communication as a contribution made to the candidate or political party committee with whom or which it was coordinated and as an expenditure. A candidate, authorized committee, or political party committee with whom or which a communication paid for by another person is coordinated must report the usual and normal value of the communication as an in-kind contribution.
(3) Each of the types of content described in paragraphs (a) through (c) of this subsection satisfies the content standards of this section:
(a) A communication that is an electioneering communication pursuant to Section 23-15-825;
(b) A public communication that disseminates, distributes or republishes, in whole or in part, campaign materials prepared by a candidate or the candidate's authorized committee, unless the dissemination, distribution or republication is excepted by Section 23-15-827(2); or
(c) A public communication that expressly advocates for the election or defeat of a clearly identified candidate for elected office in the State.
(4) The public communication refers to a political party, and does not refer to a clearly identified state candidate and is publicly distributed or otherwise publicly disseminated in a jurisdiction in which one or more candidates of that political party will appear on the ballot. To satisfy this specific standard, the communication must be coordinated with a candidate or political party committee and be publicly distributed or otherwise publicly disseminated in that candidate's jurisdiction ninety (90) days or fewer before the clearly identified candidate's general, special, runoff or primary election.
(5) For purposes of this section, a communication is the functional equivalent to express advocacy if it is susceptible of no reasonable interpretation other than as an appeal to vote for or against a clearly identified state candidate.
(6) Any of the following types of conduct satisfies the conduct standard of this section whether or not there is agreement or formal collaboration:
(a) Request or suggestion;
(b) The communication is created, produced or distributed at the request or suggestion of a candidate, authorized committee or political party committee; or
(c) the communication is created, produced or distributed at the suggestion of a person paying for the communication and the candidate, authorized committee or political party committee assents to the suggestion.
(7) Subsection (6)(c) of this section is not satisfied if the information material to the creation, production or distribution of the communication was obtained from a publicly available source. A candidate, authorized committee or political party committee is materially involved in decisions regarding:
(a) The content of the communication;
(b) The intended audience for the communication;
(c) The means or mode of the communication;
(d) The specific media outlet used for the communication;
(e) The timing or frequency of the communication; or
(f) The size or prominence of a printed communication, or duration of a communication by means of broadcast, cable or satellite.
(8) Subsection (6)(c) of this section is not satisfied if the information material to the creation, production or distribution of the communication was obtained from a publicly available source. The communication is created, produced or distributed after one or more substantial discussions about the communication between the person paying for the communication, or the employees or agents of the person paying for the communication, and the candidate who is clearly identified in the communication, or the candidate's authorized committee, the candidate's opponent, the opponent's authorized committee or a political party committee. A discussion is substantial within the meaning of this paragraph if information about the candidate's or political party committee's campaign plans, projects or activities, or needs is conveyed to a person paying for the communication, and that information is material to the creation, production or distribution of the communication.
SECTION 13. The following shall be codified as Section 23-15-825, Mississippi Code of 1972:
23-15-825. (1) Electioneering communication means any broadcast, cable, or satellite communication that:
(a) Refers to a clearly identified candidate for elected office; and
(b) Is publicly distributed within sixty (60) days before a general election for the office sought by the candidate or within thirty (30) days before a primary election.
(2) For purposes of this section:
(a) "Broadcast, cable or satellite communication" means a communication that is publicly distributed by a television station, radio station, cable television system or satellite system.
(b) "Refers to a clearly identified candidate" means that the candidate's name, nickname, photograph or drawing appears, or the identity of the candidate is otherwise apparent through an unambiguous reference such as "the Governor," "your representative," or "the incumbent" or through an unambiguous references to his or her status as a candidate such as the "Republican Governor nominee" or the "Republican candidate for State Senate in District l."
(c) "Publicly distributed" means aired, broadcast, cablecast or otherwise disseminated through the facilities of a television station, radio station, cable television system, or satellite system.
(3) The following communications are exempt from the definition of electioneering communication. Any communication that:
(a) Is publicly disseminated through a means of communication other than a broadcast, cable, satellite television or radio station. For example, electioneering communication does not include communications appearing in print media, including a newspaper, a magazine, a handbill, brochure, bumper sticker, yard sign, poster, billboard and other written materials including mailings, communications over the internet, including electronic mail or telephone communications;
(b) Appears in a news story, commentary or editorial distributed through the facilities of any broadcast, cable, satellite television or radio station, unless such facilities are owned or controlled by any political party, political committee or candidate. A news story distributed through a broadcast, cable, or satellite television or radio station owned or controlled by any political party, political committee, or candidate is nevertheless exempt if the news story meets the requirements of the following:
(i) Represents a bona fide news account communicated in a publication of general circulation or on a licensed broadcasting facility;
(ii) Is part of a general pattern of campaign-related news accounts that give reasonably equal coverage to all opposing candidates in the circulation or listening area;
(iii) Constitutes an expenditure or independent expenditure provided that the expenditure or independent expenditure is required to be reported;
(iv) Constitutes a candidate debate or forum or that solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum;
(v) Is paid for by a candidate for elected office in connection to an elected office in the state, provided that the communication does not promote, support, attack or oppose any federal candidate.
SECTION 14. The following shall be codified as Section 23-15-827, Mississippi Code of 1972:
23-15-827. (1) The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast, or any written, graphic or other form of campaign materials prepared by the candidate, the candidate's authorized committee or an agent of either of the foregoing, shall be considered a contribution for the purposes of contribution limitations and reporting responsibilities of the person making the expenditure. The candidate who prepared the campaign material does not receive or accept an in-kind contribution, and is not required to report an expenditure, unless the dissemination, distribution or republication of campaign material is a coordinated communication.
(2) The following uses of campaign materials do not constitute a contribution to the candidate who originally prepared the materials:
(a) The campaign material is disseminated, distributed or republished by the candidate or the candidate's authorized committee who prepared the material;
(b) The campaign material is incorporated into a communication that advocates the defeat of the candidate or party that prepared the material;
(c) The campaign material is disseminated, distributed or republished in a news story, commentary or editorial exempted under Section 23-15-829; or
(d) The campaign material used consists of a brief quote of materials that demonstrates a candidate's position as part of a person's expression of its own views.
SECTION 15. Candidates shall disclose the identity of any individual or entity from which the candidate or the candidate's committee receives a loan or other extension of credit for use in his or her campaign and any cosigners for a loan or extension of credit. The candidate or the candidate's committee shall disclose how the loan or other extension of credit was used, and how and when the loan or other extension of credit is to be repaid and the method of repayment. The candidate or the candidate's committee shall disclose all loan documents related to such loans or extensions of credit.
SECTION 16. (1) The candidate or treasurer of each political committee shall keep detailed accounts, current within not more than five (5) business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository account and of all interest earned on any such deposits.
(2) Accounts kept by the candidate or treasurer of a political committee pursuant to this section may be inspected under reasonable circumstances before, during or after the election to which the accounts refer by any authorized representative of the Secretary of State. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(3) Records of such accounts shall be preserved for three (3) years from the date of the contribution, expenditure, gift, investment or loan.
SECTION 17. (1) It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state or any state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year.
(2) Any candidate committee, or political party which accepts contributions from any corporation, incorporated company or incorporated association, or agent, officer or employee violating any of the provisions of this section, shall be assessed a civil penalty for each day or part of any day beginning with the sixth calendar day until the unlawful contribution is returned, up to a maximum of ten (10) days in the amount of the contribution in excess of One Thousand Dollars ($1,000.00) and up:
(a) Candidates for statewide office shall be assessed a civil penalty of Five Hundred Dollars ($500.00) for each day.
(b) Candidates for state district office shall be assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) for each day.
(c) Candidates for legislative office shall be assessed a civil penalty of One Hundred Dollars ($100.00) for each day.
(d) Political committees shall be assessed a civil penalty of One Hundred Dollars ($100.00) for each day.
(3) The candidate committee or political party shall not be assessed a fine if the receiving entity returns the unlawful donation within five (5) business days of receipt. Return date shall be the date of mailing or electronic transfer of funds.
(4) The candidate shall be personally liable for the payment of the civil penalty assessment for non-judicial candidates. The treasurer of any judicial candidate's authorized political committee shall be liable, and the chairman and treasurer of a political committee shall be jointly liable for any unlawful contributions.
(5) The candidate, candidate committee or political party shall not expend any contribution in excess of One Thousand Dollars ($1,000.00) if received in violation of this section. Any candidate or any other person who willfully violates the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in a sum not to exceed Five Thousand Dollars ($5,000.00) or imprisoned for not longer than six (6) months, or by both fine and imprisonment.
(6) The Attorney General shall bring such action at the request of the Secretary of State, and shall also take legal action as necessary for the collection of any levied assessments.
SECTION 18. Sections 15 through 17 shall be codified in Title 23, Chapter 15, Mississippi Code of 1972.
SECTION 19. This act shall take effect and be in force from and after July 1, 2024.
