Bill Text: MS SB2714 | 2017 | Regular Session | Introduced
Bill Title: Campaign contributions; revise use of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2714 Detail]
Download: Mississippi-2017-SB2714-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Elections
By: Senator(s) Blackwell
Senate Bill 2714
AN ACT TO PROHIBIT THE PERSONAL USE OF CAMPAIGN CONTRIBUTIONS BY ANY ELECTED PUBLIC OFFICE HOLDER OR ANY CANDIDATE FOR PUBLIC OFFICE; TO SPECIFICALLY PROHIBIT CERTAIN PERSONAL USE EXPENDITURES; TO PROVIDE THAT ANY EXPENSE THAT DIRECTLY RESULTS FROM CAMPAIGN OR OFFICEHOLDER ACTIVITY IS PERMITTED; TO PROVIDE FOR THE DISPOSAL OF CAMPAIGN CONTRIBUTIONS ONCE A TERMINATION REPORT IS FILED; TO PROVIDE PENALTIES; TO REQUIRE THE SECRETARY OF STATE TO ISSUE ADVISORY OPINIONS REGARDING THE USE OF CAMPAIGN CONTRIBUTIONS; TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REVISE THE DEADLINE FOR FILING A STATEMENT OF ORGANIZATION FOR A POLITICAL COMMITTEE TO 48 HOURS; TO REQUIRE THE DISCLOSURE OF THE NAME, ADDRESS, OFFICERS AND MEMBERS OF A POLITICAL COMMITTEE, THE DESIGNATION OF THE CHAIR AND THE CUSTODIAN OF FINANCIAL BOOKS AND RECORDS; TO ALLOW THE SECRETARY OF STATE TO ADMINISTRATIVELY FINE POLITICAL COMMITTEES NOT MORE THAN $5,000.00, PER VIOLATION, FOR FAILING TO COMPLY WITH FILING REQUIREMENTS; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO ALLOW CANDIDATES TO FILE CAMPAIGN FINANCE REPORTS DIRECTLY WITH THE SECRETARY OF STATE BY FAX, EMAIL, POSTAL MAIL OR HAND DELIVERY; TO REQUIRE, BEGINNING WITH THE 2018 ELECTION CYCLE, ALL STATEMENTS, REPORTS OF CONTRIBUTIONS AND EXPENDITURES, AND OTHER REPORTS TO BE FILED ELECTRONICALLY OVER THE INTERNET; TO REQUIRE THE SECRETARY OF STATE, BEGINNING WITH THE 2018 ELECTION CYCLE, TO IMPLEMENT AND MAINTAIN AN ELECTRONIC DATABASE ACCESSIBLE BY THE PUBLIC THROUGH THE SECRETARY OF STATE'S WEBSITE THAT PROVIDES THE CAPABILITY OF SEARCH AND RETRIEVAL OF ALL STATEMENTS, REPORTS OF CONTRIBUTIONS AND EXPENDITURES, AND OTHER REPORTS REQUIRED TO BE FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNOPPOSED CANDIDATES ARE NOT REQUIRED TO FILE PRE-ELECTION REPORTS BUT MUST FILE ALL OTHER REPORTS; TO PROVIDE THAT THE REQUIRED DISCLOSURE OF AN EXPENDITURE TO A CREDIT CARD ISSUER, FINANCIAL INSTITUTION OR BUSINESS ALLOWING PAYMENTS AND MONEY TRANSFERS TO BE MADE OVER THE INTERNET TO INCLUDE, EITHER BY DETAIL OR A SEPARATE ENTITY, THE AMOUNT OF THE FUNDS PASSING TO EACH PERSON, BUSINESS ENTITY OR ORGANIZATION RECEIVING FUNDS FROM THE EXPENDITURE; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE SECRETARY OF STATE OR ATTORNEY GENERAL MAY BRING A MANDAMUS ACTION TO COMPEL THE REQUIRED CAMPAIGN FINANCE DISCLOSURE REPORTS; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL CHANGES; TO BRING FORWARD SECTIONS 23-15-809, 23-15-815 AND 23-15-817, 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. (1) The personal use of campaign contributions by any elected public office holder 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, 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 USCS Section 61, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended.
(b) "Candidate" shall mean any individual described in Section 23-15-801(b), and shall include any person that has qualified as a candidate until the 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 by a candidate or officeholder or a family member of the candidate or officeholder;
(b) Mortgage, rent or utility payments for any part of any nonresidential property that is owned by a candidate or officeholder or a family member of a candidate or officeholder 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, including any expenses related to deaths within the family of a candidate or officeholder;
(d) Clothing, other than clothing items that are used in the campaign;
(e) Automobiles, except for automobile rental expenses and other automobile expenses related to campaign or officeholder activity;
(f) Tuition payments within the family of a candidate or officeholder other than those associated with training campaign staff or associated with the duties of an officeholder;
(g) Salary payments to a family member of a candidate, 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 seeking, holding or maintaining 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 considering or will consider, or for 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 campaign or officeholder activities, 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 directly results from campaign or officeholder activity 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 special occasions such as holidays, graduation, marriage, retirement or death, unless made to a family member of the candidate or officeholder;
(e) Meal and beverage expenses that are incurred as part of a campaign activity or as a part of a function that is related to the responsibilities of the candidate or officeholder, 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;
(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 county of residence of the officeholder. The 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, which are incurred as part of a campaign activity and operation to ensure that deaf and hearing-impaired citizens are fully participating, volunteering, and/or otherwise maintaining a position with the campaign committee. 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) Legal fees and costs associated with any civil or administrative action, criminal prosecution or investigation related to conduct reasonably related to the candidacy or performing the duties of the office held.
(i) Repayment of documented loans made by a candidate to his or her own campaign or to another candidate.
(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 shall:
(a) Be maintained in a campaign account(s);
(b) Be donated to a political organization, or to a political action committee, or to another candidate;
(c) Be transferred, in whole or in part, into a newly established political action committee or ballot question advocate;
(d) Be donated to a tax-exempt charitable organization as that term is used in Section 501(c) of the Internal Revenue Code of 1986, 26 USCS Section 501, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended;
(e) Be donated to the State of Mississippi; or
(f) Be returned to a donor or donors but not to the candidate filing the termination report.
(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 fine and state assessment shall be deposited into the Public Employees' Retirement System.
(6) Any contributions accruing to the campaign account of a candidate or officeholder elected before January 1, 2018, shall be exempt and not subject to the provisions of subsection (4) of this section.
(7) The Secretary of State, through the Elections Division, 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 Secretary of State has prepared and delivered the opinion with references to the request, there shall be no 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 considered or issued if the opinion would be issued 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 fourteen (14) days of receipt by the Secretary of State of the written opinion request, whichever is later. The identity of the individual making a request for an advisory opinion shall be confidential. The Secretary of State shall, so far as is practicable and before making the opinion public, make deletions and changes to any advisory opinion issued under the provisions of this subsection (7) that may be necessary to ensure the anonymity of the public official and any other person named in the opinion.
SECTION 2. 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 * * *and. For purposes of this article, an individual shall
be deemed to seek nomination for election, or election:
(i) If * * * the 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 * * * the individual has given his or her
consent to another person to receive contributions or make expenditures on
behalf of * * *
the individual and if * * * the other person has received * * * contributions aggregating in excess of Two
Hundred Dollars ($200.00) during a calendar year, or has made * * * expenditures aggregating in excess of Two
Hundred Dollars ($200.00) during a calendar year.
(c) "Political
committee" * * *
means any committee, party, club, association, political action
committee, campaign committee or other groups of persons or affiliated
organizations * * *
that receives contributions aggregating in excess of Two Hundred Dollars
($200.00) during a calendar year or * * * that 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 * * *. Political committee shall, in
addition, include each political party registered with the Secretary of State.
(d) "Affiliated
organization" * * *
means any organization * * * that is not a political committee,
but * * * that
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 * * * the 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 * * * the 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 * * * the 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 * * * that is made without cooperation
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.
(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 3. Section 23-15-803, Mississippi Code of 1972, is amended as follows:
23-15-803. ( * * *1) * * * Each political
committee shall file a statement of organization which must be received by
the Secretary of State no later than * * * forty-eight (48) hours
after:
(a) Receipt of
contributions aggregating in excess of Two Hundred Dollars ($200.00), or * * *
(b) Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
( * * *2) * * * The content of the
statement of organization of a political committee shall include:
( * * *a) The name * * *, address, officers, and members
of the committee * * *;
( * * *b) 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
( * * *c) If the committee is authorized by
a candidate, then the name, address, office sought * * * and party affiliation of the candidate.
( * * *3) * * * Any
change in information previously submitted in a statement of organization shall
be reported and noted on the next regularly scheduled report.
(4) 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 notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this subsection (4). The Secretary of State may pursue judicial enforcement of any penalties issued pursuant to this section.
SECTION 4. 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 under 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 section in the office of the circuit clerk of the county in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The circuit clerk shall promptly forward copies of all reports received by the clerk 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, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The municipal clerk shall promptly forward copies of all reports received by the clerk 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.
(e) * * * (i) All statements, reports of contributions and
expenditures, and other reports required to be filed pursuant to this chapter,
that are filed after January 1, 2018, shall be filed electronically over the
Internet by a computer file containing the report information in a format and
medium to be prescribed by the Secretary of State.
(ii) The Secretary of State shall implement and maintain an electronic database accessible by the public through the Secretary of State's website that provides the capability of search and retrieval of all statements, reports of contributions and expenditures, and other reports required to be filed electronically with the Secretary of State pursuant to this chapter. The searchable database shall provide the ability to search by the name of a recipient, the name of a contributor, the zip code of a contributor or recipient, and the dates of contribution. Electronic filings shall satisfy any filing requirements of this chapter, and no paper filing is required for any report filed electronically.
(iii) The Secretary of State may promulgate any necessary rules to implement and administer paragraphs (i) through (iii) of this subsection.
SECTION 5. 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 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
and that * * *
the candidate or committee has no outstanding debts or obligations. The
candidate, treasurer or chief executive officer shall sign * * * the report.
(b) 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 * * *, or 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 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 1987 and every
fourth year thereafter, 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 calendar
years except 1987 and except every fourth year thereafter, 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 candidates for
judicial office as defined in Section 23-15-975, or their political committees,
shall file periodic reports in the year in which they are to be elected * * * no
later than the tenth day after April 30, May 31, June 30, September 30 and
December 31.
(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 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 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 * * * 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 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 (d), 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 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) 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 itemized entry, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.
(e) 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. 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 * * * chair of the candidate's
political * * *
organization.
(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 6. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) 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 * * * One Thousand Dollars ($1,000.00)
or imprisoned for not longer than six (6) months 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 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 Secretary of State or
Attorney General.
(c) No candidate shall be
certified as nominated for election or as elected to office * * * until he or she files all
reports required by this article that are due as of the date of
certification.
(d) No candidate who is
elected to office shall receive any salary or other remuneration for the office * * * until he or she files all
reports required by this article that are due as of the date * * * the salary or remuneration is
payable.
(e) In the event that a
candidate 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 * * *by him as of the date on which the sanctions of paragraphs subsections
(c) and (d) of this section would be applied to him, such, 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 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 five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, 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 first-class mail.
(ii) Beginning with the
tenth calendar day after which any report * * * is due, the Secretary of State
shall assess the delinquent candidate and political committee a civil penalty
of Fifty Dollars ($50.00) 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 Secretary of
State, the assessing of the fine may be waived in whole or in part if the
Secretary of State 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.
(iii) 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.
(iv) 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.
(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Secretary of State, the candidate or political committee shall pay the fine to the Secretary of State within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) 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.
(b) (i) Upon the sworn
application, made within sixty (60) calendar days of the date upon which the
required report is due, of a candidate or political committee against whom a
civil penalty has been assessed pursuant to paragraph (a), the Secretary of
State shall forward the application to the State Board of Election
Commissioners. The State Board of Election Commissioners shall appoint one or
more hearing officers who shall be former chancellors, circuit court judges,
judges of the Court of Appeals or justices of the Supreme Court, * * * to conduct hearings held
pursuant to this article. The hearing officer shall fix a time and place for a
hearing and shall cause a written notice specifying the civil penalties that
have been assessed against the candidate or political committee and notice of
the time and place of the hearing to be served upon the candidate or political
committee at least twenty (20) calendar days before the hearing date. The
notice may be served by mailing a copy * * * of the notice by certified mail,
postage prepaid, to the last-known business address of the candidate or
political committee.
(ii) The hearing
officer may issue subpoenas for the attendance of witnesses and the production
of * * *
documents at the hearing. Process issued by the hearing officer shall
extend to all parts of the state and shall be served by any person designated
by the hearing officer for the service.
(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his or her behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.
(iv) At the hearing,
the hearing officer shall administer oaths as may be necessary for the proper
conduct of the hearing. All hearings shall be conducted by the hearing
officer, who shall not be bound by strict rules of procedure or by the laws of
evidence * * *, but the determination shall be based
upon sufficient evidence to sustain it. The scope of review at the hearing
shall be limited to making a determination of whether failure to file a
required report was due to an unforeseeable mitigating circumstance.
(v) * * * In any proceeding before the hearing
officer, if any witness fails or refuses to attend upon a subpoena
issued by the commission, refuses to testify, or refuses to produce any * * *
documents
called for by a subpoena, the attendance of the witness, the giving of his or
her testimony or the production of the * * * documents shall be
enforced by * * *
a court of competent jurisdiction of this state in the manner provided
for the enforcement of attendance and testimony of witnesses in civil cases in
the courts of this state.
(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.
(c) (i) The right to
appeal from the decision of the hearing officer in an administrative hearing
concerning the assessment of civil penalties authorized pursuant to this
section is granted. The appeal shall be to the Circuit Court of Hinds County
and shall include a verbatim transcript of the testimony at the hearing. The
appeal shall be taken within thirty (30) calendar days after notice of the
decision of the commission following an administrative hearing. The appeal
shall be perfected upon filing notice of the appeal and * * * the prepayment of all costs, including the
cost of * * * preparing the record of the proceedings by the hearing
officer, and * * *
filing * * * a
bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the
decision of the hearing officer * * * is affirmed by the court, the
candidate or political committee will pay the costs of the appeal and the
action in court. If the decision is reversed by the court, the Secretary of
State 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 scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in paragraph (b), the candidate or political committee identified in paragraph (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.
(e) 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) 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.
SECTION 8. 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 9. Section 23-15-815, Mississippi Code of 1972, is brought forward as follows:
23-15-815. (a) The Secretary of State shall prescribe and make available forms and promulgate rules and regulations necessary to implement this article.
(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 three (3) years from the date of receipt.
SECTION 10. Section 23-15-817, Mississippi Code of 1972, is brought forward as follows:
23-15-817. The Secretary of State shall compile a list of all candidates for the Legislature or any statewide office who fail to file a campaign disclosure report by the dates specified in Section 23-15-807(b); the list shall 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 11. This act shall take effect and be in force from and after its passage.
