Senate Bill No. 91
(By Senators Hunter, Foster and White)
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[Introduced February 9, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §3-12-1, §3-12-2,
§3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9,
§3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15,
§3-12-16, §3-12-17 and §3-12-18, all relating generally to
providing public funding of election campaigns for certain
offices; setting forth short title and certain legislative
findings and declarations; defining terms; specifying that the
provisions of the act are applicable to candidates for the
offices of Governor, Supreme Court Justice, Circuit Court
Judge and candidates for seats in the Legislature;
establishing a Public Campaign Financing Fund and sources of
revenue for the Fund; requiring an applicant for public
campaign funding to complete a declaration of intent and
setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying
party and independent candidates; allowing participating
candidates to raise from private sources and spend seed money
contributions; requiring candidates seeking public campaign
funds to collect a required number of qualifying
contributions; requiring participating candidates to comply
with all provisions of the act; requiring the State Election
Commission to certify eligible candidates and setting forth
the procedure for certification; providing that qualified
candidates shall receive funding for election campaigns from
the Public Campaign Financing Fund; specifying the amount of
funds available for each office and when such funds become
available; setting forth restrictions on participating
candidates' contributions and spending; prohibiting
participating candidates from accepting private contributions
other than as specifically set forth in the act; prohibiting
the use of personal funds for certain purposes; requiring
certain disclosures; requiring candidates to keep records and
report to the State Election Commission; providing for
matching public campaign funds when an opponent spends in
excess of the participating candidate's spending limits;
setting forth certain duties of the State Election Commission;
providing for the deposit of certain revenue into the fund;
requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of
the act; and setting forth an effective date.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §3-12-1, §3-12-2,
§3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9,
§3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15,
§3-12-16, §3-12-17 and §3-12-18, all to read as follows:
ARTICLE 12. WEST VIRGINIA PUBLIC CAMPAIGN FINANCING ACT.
§3-12-1. Short title.
This article shall be known as the "West Virginia Public
Campaign Financing Act".
§3-12-2. Legislative findings and declarations.
The Legislature hereby finds and declares that current
election finance laws:
(a) Can place elected officials in the position of spending
their time raising funds instead of representing the public;
(b) Cost the taxpayers millions of dollars in the form of
subsidies and special privileges granted to large campaign
contributors;
(c) Allow elected officials to accept large campaign
contributions from private interests when they may have statutory
or regulatory power over those interests;
(d) Give incumbents an unfair advantage over challengers;
(e) Hinder reasonable communication with potential voters by
qualified candidates not supported by large private campaign
contributions;
(f) Effectively suppress the voices and influence of the
majority of West Virginia citizens in favor of a small number of
wealthy special interests;
(g) Undermine public confidence in the integrity of public
officials; and
(h) Drive up the cost of campaigning for office and discourage
otherwise qualified candidates who lack personal wealth or access
to special interest funding.
Therefore, the creation of a public campaign financing system
is essential to improve the integrity of elections in this State by
diminishing the influence of special interest contributions,
encouraging more citizens to participate in the political process;
remove funding as a source of campaign attention and candidate
attack; promote freedom of speech and direct the focus of political
campaigns to issues of substance.
§3-12-3. Definitions.
Unless the context clearly requires a different meaning, as
herein used:
(a) "Candidate" means an individual who has filed a
pre-candidacy statement pursuant to the provisions of section
five-e, article eight of this chapter, has qualified to have his or her name listed on the ballot of any election, or who has declared
his or her intention to seek nomination or election through a
petition or write-in procedure for the offices of Governor, Supreme
Court Justice, Circuit Judge, State Senator or Delegate which is to
be filled at an election.
(b) "Commission" means the State Election Commission created
pursuant to the provisions of article one-a of this chapter.
(c) "Contribution" means a gift subscription, assessment,
payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing
of value, whether or not conditional or legally enforceable, or a
transfer of money or services or other tangible thing of value to
a person, made by a person or entity other than a candidate or his
or her committee for the purpose of influencing the nomination,
election or defeat of a candidate. An offer or tender of a
contribution is not a contribution if expressly and unconditionally
rejected or returned. A contribution does not include volunteer
personal services provided without compensation or services or
property provided to an elected official by the State or a
political subdivision to defray the costs of meeting or
communicating with constituents while the official is performing
the duties of his or her office .
(d) "Excess expenditure" means an amount of money spent or
obligated to be spent to influence the nomination or election of a nonparticipating candidate or the defeat of a participating
candidate in excess of the Public Campaign Financing Funds
available to a participating candidate running for the same office
pursuant to this article.
(e) "Fund" means the Public Campaign Financing Fund created by
this article.
(f) "General election campaign period" means the period
beginning the day after the primary election and ending on the day
of the general election in that election year.
(g) "Independent candidate" means a candidate on the ballot
who does not represent a political party.
(h) "Independent expenditure" means an expenditure made by a
person or entity other than a candidate or his or her committee for
a communication which expressly advocates the nomination, election
or defeat of a clearly identified candidate but which is made
independently of a candidate's campaign and which has not been made
with the cooperation or consent of, or in consultation with, or at
the request or suggestion of, the candidate or any of his or her
agents or authorized committees. An expenditure which does not
meet the criteria for independence established in this subsection
is considered a contribution.
(i) "Nonparticipating candidate" means a candidate who is on
the ballot but has chosen not to apply for public campaign
financing or has failed to satisfy the requirements for receiving public campaign financing.
(j) "Participating candidate" means a candidate who is
attempting to qualify or who has been certified as having qualified
for public campaign financing during a campaign period.
(k) "Party candidate" means a candidate who represents a
political party that has been granted ballot status.
(l) "Primary election campaign period" means the period
beginning on the first day of the primary election filing period
and ending on the day of the subsequent primary election.
(m) "Private contribution" means a contribution from any
nonpublic source except:
(1) Payments by a membership organization for the cost of
communicating to its members;
(2) Payments by a membership organization for the purpose of
facilitating the making of qualifying contributions;
(3) Volunteer activity, including the payment of incidental
expenses by volunteers; and
(4) Voter registration and get-out-the-vote activities
conducted by nonpartisan individuals and organizations or which are
not intended to influence the election or defeat of a particular
candidate.
(n) "Qualifying contribution" means a contribution of five
dollars in the form of a check or money order, made payable to a
candidate or the candidate's committee, received during the qualifying period, and which is:
(1) Made by a registered voter and resident of the district in
which the candidate is seeking office;
(2) Acknowledged by a written receipt; and
(3) Gathered by the candidate or on behalf of the candidate by
an unpaid volunteer with the candidate's knowledge and consent.
(o) "Qualifying period" means the period during which
candidates are permitted to collect qualifying contributions in
order to qualify to receive public campaign financing.
(1) For party candidates for legislative office and for
Circuit Judge, the qualifying period begins on the first day of
November immediately preceding the election year and ends on the
first day of March of the election year.
(2) For party candidates for Governor and Supreme Court
Justice, the qualifying period begins on the first day of September
of the year immediately preceding the election year and ends on the
first day of March of the election year.
(3) For independent candidates and party candidates for
legislative offices and Circuit Court Judge seeking to be placed on
the general election ballot pursuant to the provisions of section
twenty-three and twenty-four, article five of this chapter, the
qualifying period begins on the first day of May of the election
year and ends on the first day of September of the election year.
(4) For independent candidates and party candidates for Governor and Supreme Court Justice seeking to be placed on the
general election ballot pursuant to the provisions of section
twenty-three and twenty-four, article five of this chapter, the
qualifying period begins on the first day of March of the election
year and ends on the first day of September of the election year.
(p) "Seed money contribution" means a contribution of no more
than one hundred dollars made by an individual adult during the
seed money period.
(q) "Seed money period" means the period during which a
candidate seeking campaign financing from the fund is permitted to
raise and spend seed money contributions in order to explore his or
her chances of election and to qualify for public campaign
financing under this article. The seed money period begins on the
day after the most recent general election and ends on the last day
of the qualifying period in the next election year in which a
candidate is running for the office.
§3-12-4. Alternative campaign financing option.
This article establishes an alternative campaign financing
option available to candidates for election to the offices of
Governor, Supreme Court Justice, Circuit Judge, State Senator and
Delegate. The provisions of this article shall be applicable to
candidates for Governor, Supreme Court Justice and Circuit Court
Judge beginning with the primary and general elections to be held
in the year two thousand eight, to candidates for State Senator beginning with the primary and general elections to be held in the
year two thousand ten, and to candidates for seats in the House of
Delegates beginning with the primary and general elections to be
held in the year two thousand fourteen. Candidates electing the
alternative campaign financing option provided under this article
must also comply with all other applicable election and campaign
laws and regulations.
§3-12-5. Public Campaign Financing Fund, nature and purposes of
the fund.
There is hereby established a special account in the State
Treasury to be known as the "Public Campaign Financing Fund" for
the purpose of providing public financing for the election
campaigns of certified participating candidates running for the
offices set out in section four of this article and paying the
administrative and enforcement costs of the commission related to
this article. All moneys collected under the provisions of this
article shall be deposited in the Fund, which shall be administered
by the commission. Expenditures from the Fund shall be for the
purposes set forth in this article and, except for voluntary
contributions made directly to the Fund, are not authorized from
collection, but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions of article two, chapter five-a of this code:
Provided, That for the fiscal year ending the thirtieth
day of June, two thousand six, expenditures are authorized from
collections rather than pursuant to appropriation by the
Legislature.
§
3-12-6. Sources of revenue for the Fund.
Revenue from the following sources shall be deposited in the
Fund:
(a) All qualifying contributions collected by participating
candidates or their committees;
(b) Unspent or uncommitted seed money contributions;
(c) Refunds from participating candidates who fail to comply
with the provisions of this article;
(d) Refunds of unspent moneys allotted to qualified candidates
and remaining unspent on the date of the primary or general
election for which the money was distributed;
(e) Civil penalties levied by the commission against
candidates for violations of this article;
(f) Voluntary donations made directly to the Fund.
(g) Interest income.
(h) Revenue from a tax checkoff program, to be developed by
the Tax Commissioner, allowing a resident of the State to designate
on his or her income tax return up to three dollars of taxes for
deposit into the Fund. If a husband and wife file a joint return,
each spouse may designate up to three dollars for deposit into the Fund. All amounts so designated shall be appropriated from the
General Fund and credited to the Public Campaign Financing Fund.
(i) Voluntary donations from a tax check-off program, to be
developed by the Tax Commissioner whereby each state taxpayer may
voluntarily contribute a portion of the taxpayer's state income tax
refund to the Fund by so designating the contribution on the state
personal income tax return form. Taxpayers not having a tax refund
due, or who wish to make a contribution in excess of any tax refund
amount may make a contribution to the Fund by so designating the
contribution on the state personal income tax return form and
remitting the contribution with the tax return. The Tax
Commissioner shall determine by the first day of July of each year
the total amount designated pursuant to this subsection and shall
report that amount to the State Treasurer, who shall credit that
amount to the Fund. All amounts so designated shall be
appropriated from the General Fund and credited to the Public
Campaign Financing Fund.
§3-12-7. Declaration of intent; application for funds by
successful, independent and minor party candidates
after primary election.
A candidate desiring to receive campaign financing from the
Fund must first file a declaration of intent to seek certification
as a participating candidate for a stated office with the
commission before the end of the qualifying period and before collection of any qualifying contributions. The declaration shall
be on a form prescribed by the commission and shall contain a
statement that the candidate is qualified to be placed on the
ballot and, if elected, to hold the office sought and has complied
and will continue to comply with all requirements of this article,
including contribution and expenditure restrictions. Contributions
made prior to the filing of the declaration of intent are not
qualifying contributions.
§
3-12-8. Seed money.
(a) A candidate or his or her committee desiring to qualify
for campaign financing from the Fund may not accept seed money in
contributions exceeding, in the aggregate:
(1) Fifty thousand dollars for a candidate for Governor;
(2) Twelve thousand five hundred for a candidate for Supreme
Court Justice;
(3) Two thousand five hundred dollars for a candidate for
State Senate or Circuit Court Judge;
(4) One thousand dollars for a candidate for House of
Delegates.
(b) A participating candidate or his or her committee may not
accept seed money contributions from any individual, including the
candidate and his immediate family members, in excess of one
hundred dollars.
(c) Every seed money contribution must be acknowledged by a written receipt. Receipts for seed money contributions of
twenty-five dollars or more shall include the contributor's
signature, printed name, street address and zip code, telephone
number, occupation, and name of employer. Receipts for seed money
contributions of less than twenty-five dollars may contain only the
contributor's signature, printed name, and address. Contributions
which are not acknowledged by a proper receipt do not qualify as
seed money contributions.
(d) A contribution from one person may not be made in the name
of another person.
(e) A participating candidate or his or her committee shall
forward all unspent or uncommitted seed money remaining at the end
of the seed money period to the commission for deposit in the Fund.
§3-12-9. Qualifying contributions.
(a) No participating candidate or his or her committee may
accept more than one qualifying contribution from a single
individual.
(b) Every qualifying contribution must be acknowledged by a
written receipt which includes:
(1) The printed name of the candidate on whose behalf the
contribution is made and the signature of the person who collected
the contribution for the candidate or his or her committee;
(2) The contributor's signature and printed name, home
address, and telephone number;
(3) A statement near the contributor's signature that:
(A) The contributor understands the purpose of the
contribution is to assist the candidate in obtaining public
campaign financing;
(B) The contribution was made without coercion;
(C) The contributor has not been reimbursed or received
anything of value for making the contribution;
(D) The individual soliciting the contribution on behalf of
the candidate has not been reimbursed or received anything of value
for such services.
One copy of the receipt is to be given to the contributor, one
copy is to be retained by the candidate and one copy is to be sent
by the candidate to the commission. A contribution which is not
acknowledged by a written receipt in the form required by this
subsection is not a qualifying contribution.
(c) During the qualifying period, a participating candidate or
his or her committee must obtain at least the following number of
qualifying contributions for the office he or she is seeking:
(1) For Governor - a total of two thousand five hundred
contributions from registered voters in at least twenty different
counties in this State;
(2) For Supreme Court Justice - a total of six hundred ten
contributions from registered voters in at least five different
counties;
(3) For Circuit Court Judge - two hundred;
(4) For State Senate (eighth and seventeenth districts) -
three hundred and fifty;
(5) For State Senate (all other districts) - two hundred
(6) For House of Delegates (seven-member district) - two
hundred and twenty-five;
(7) For House of Delegates (six-member district) - two
hundred;
(8) For House of Delegates (five-member district) - one
hundred seventy-five;
(9) For House of Delegates (four-member district) - one
hundred fifty;
(10) For House of Delegates (three-member district) - one
hundred twenty-five;
(11) For House of Delegates (two-member district) - one
hundred;
(12) For House of Delegates (one-member district) -
seventy-five.
(d) A participating candidate and each member of the
candidate's immediate family who is a registered voter and resident
of the district in which the candidate is seeking office may make
one qualifying contribution. The candidate may not use any other
personal funds to satisfy the qualifying contributions
requirements.
(e) A candidate may not give reimbursement or any thing of
value in exchange for a qualifying contribution;
(f) All qualifying contributions collected by a participating
candidate or his or her committee must be deposited in the Fund by
the end of the qualifying period.
§3-12-10. Certification of candidates.
(a) Upon receipt of notice that a participating candidate has
received the required number of qualifying contributions, the
commission shall determine whether the candidate has complied with
all of the following requirements:
(1) Signed and filed a declaration of intent as required by
section seven of this article;
(2) Obtained, either personally or through his or her
committee, the required number of qualifying contributions as
required by section nine of this article;
(3) Submitted a report itemizing the appropriate number of
qualifying contributions as required by section thirteen of this
article; and
(4) Met all other requirements of this article.
(b) A candidate who, personally or through his or her
committee, has accepted contributions or expended funds from
private donations before the effective date of this article with
regard to the general and primary elections to be conducted in two
thousand six, may nevertheless be certified as a participating candidate under this article if the candidate or committee returns
to the contributor, submits to the commission for deposit in the
Fund or donates to charity funds accepted but not expended or
obligated before the effective date of this article.
(c) Upon receipt of the necessary forms and information from
a candidate, the commission shall select at random a sample of five
percent of the number of non-duplicative names on the report of
qualifying contributions and forward facsimiles of the receipts for
those contributions to the county clerk of the county in which the
contributor resides. Within ten days, the county clerk shall
provide a report to the commission specifying any receipts that the
clerk is unable to verify as matching a person who was registered
to vote in that county on the date on which the receipt was signed.
Upon receipt of the clerk's report, the commission shall multiply
the number of receipts not disqualified by twenty.
(1) If the result is greater than one hundred and ten percent
of the number of qualifying contributions needed, the commission
shall, within five working days, certify that a candidate who meets
the criteria set forth in subsection (a) of this section is a
participating candidate eligible to receive campaign financing from
the Fund.
(2) If the result is less than ninety per cent of the number
of qualifying contributions required, the commission shall within
five working days deny the application for funds.
(3) If the result is between ninety per cent and one hundred
and ten percent of the number of qualifying contributions required,
the commission shall forward all of the candidate's qualifying
contribution receipts to the county clerk for verification that
each contributor is a registered voter in the appropriate county or
district.
In no event may a candidate be certified earlier than the
beginning of the primary election campaign period.
(d) A candidate's right to receive public campaign financing
may be revoked by the commission if the candidate violates any of
the provisions of this article. A candidate who has received
financing under this article and has been found to have violated
the provisions of this article shall repay all sums received from
the Fund to the commission.
(e) The determination of any issue before the commission is
the final administrative determination. Any person adversely
affected by a decision of the commission under the provisions of
this article may appeal that decision to the circuit court of
Kanawha County.
§3-12-11. Schedule and amount of Public Campaign Financing Fund
payments.
(a) The commission shall make Public Campaign Financing Funds
for the primary election campaign period available to a
participating candidate representing a political party within forty-eight hours after the date on which the candidate is
certified as a participating candidate.
(1) In a contested primary election, a certified participating
candidate representing a political party may receive campaign
financing from the fund as follows:
(A) Governor - one million dollars;
(B) Supreme Court Justice - two hundred fifty thousand
dollars;
(C) Circuit Court Judge - twenty thousand dollars;
(D) State Senate (eighth and seventeenth districts) -
thirty-five thousand dollars;
(E) State Senate (all other districts) - twenty thousand
dollars;
(F) House of Delegates (seven-member district) - twenty-two
thousand five hundred dollars;
(G) House of Delegates (six-member district) - twenty thousand
dollars;
(H) House of Delegates (five-member district) - seventeen
thousand five hundred dollars;
(I) House of Delegates (four-member district) - fifteen
thousand dollars;
(J) House of Delegates (three-member district) - twelve
thousand five hundred dollars;
(K) House of Delegates (two-member district) - ten thousand dollars;
(L) House of Delegates (single-member district) - seven
thousand five hundred dollars.
(2) In an uncontested primary election, a certified party
candidate may receive campaign financing from the Fund equal to no
more than twenty-five percent of the amount allowed for that office
for a contested primary election for that office.
(b) The commission shall make Public Campaign Financing Funds
for the general election campaign period available to a certified
participating candidate within forty-eight hours after the primary
election results are certified. The commission may require any
candidate to provide proof of his or her eligibility to appear on
the general election ballot.
(1) In a contested general election, a certified participating
candidate, including an independent or minor party candidate who
appears on the ballot pursuant to sections twenty-three and
twenty-four, article five of this chapter, may receive from the
Fund the same amount of campaign financing available for a
contested primary election under subdivision one of the previous
subsection.
(2) In an uncontested general election, a certified
participating candidate, including an independent or minor party
candidate who appears on the ballot pursuant to sections
twenty-three and twenty-four, article five of this chapter, may receive from the Fund, campaign financing equal to ten percent of
the amount provided in a contested general election for the same
office.
(c) After the first cycle of public campaign financing, the
commission shall recalculate the allowable campaign financing
funding amounts based on the national monetary rate of inflation
and the cost-of-living (COLA) index as calculated by the federal
government and shall advise the Legislature of the results in the
report required to be made under section fifteen of this article.
(d) The commission may not distribute revenues to certified
candidates in excess of the total amount of money deposited in the
Fund pursuant to section six of this article.
§3-12-12. Restrictions on contributions and expenditures.
(a) A participating candidate or his or her committee may not
accept contributions from any private source, including the
personal funds of the candidate and the candidate's immediate
family, during the primary or general election campaign periods
except as permitted by this article.
(b) Notwithstanding any other provision of this article to the
contrary, if, at any time during an election period, the commission
determines that the revenues in the Fund are insufficient to
complete the distribution of funds required under this section, the
commission may permit a certified participating candidate or his or
her committee to accept and expend contributions, aggregating no more than five hundred dollars per contributor for gubernatorial
candidates and two hundred and fifty dollars per contributor for
legislative candidates, from private sources up to the amount that
would have been distributed to the candidate under section eleven
of this article, had there been adequate money in the Fund. The
commission shall, by legislative rule, provide a fair and equitable
manner of distributing those moneys that are in the Fund at the
time among the certified participating candidates.
(c) After filing the declaration of intent and through the
qualifying period, a participating candidate may spend or obligate
no more than he or she has collected in seed money contributions.
After the qualifying period and through the general election
campaign period, a participating candidate may spend or obligate
only the funds he or she receives from the Fund or raises pursuant
to subsection (b) of this section.
(d) A participating candidate may expend seed money and
campaign financing from the Fund only for campaign-related
activities as provided in section nine, article eight, chapter
three of this code. Moneys distributed to a participating candidate
from the Fund may be expended only during the campaign period for
which funds were dispersed. Payments may not be used:
(1) In violation of the law;
(2) To repay any personal, family or business loans,
expenditures, or debts; or
(3) To help any other candidate.
(e) A participating candidate or his or her committee must
return to the Fund any unspent and uncommitted Public Campaign
Financing Funds within forty-eight hours after:
(1) the date of the election;
(2) the date on which the candidate ceases to be certified; or
(3) the date on which the individual ceases to be a candidate.
(f) A contribution from one person may not be made in the name
of another person.
(g) A participating candidate or his or her committee
receiving qualifying contributions or seed money contributions from
a person not listed on the receipt required by sections eight and
nine of this article is liable to the commission for the entire
amount of that contribution and any applicable penalties.
(h) A participating candidate accepting any benefits under the
provisions of this article shall continue to comply with all of its
provisions throughout the primary and general elections.
(i) A participating candidate or his or her financial agent
shall provide the commission with all requested campaign records,
including all records of seed money and qualifying contributions
received and campaign expenditures and obligations, and shall fully
cooperate with any audit of campaign finances requested or
authorized by the commission.
§3-12-13. Reporting requirements.
(a) Within forty-eight hours after the close of the seed money
period, a participating candidate or his or her financial agent
shall report to the commission on approved forms an itemized
summary of all seed money contributions received and funds expended
or obligated during the seed money period, together with copies of
all receipts for seed money contributions.
(b) Within forty-eight hours after the close of the qualifying
period, a participating candidate or his or her financial agent
shall report to the commission on approved forms an itemized
summary of all contributions received and funds expended or
obligated during the qualifying period.
(c) Within five days after the primary election a
participating candidate or his or her financial agent shall report
to the commission on approved forms an itemized summary of all
contributions received and funds expended or obligated prior to the
primary election.
(d) Within five days after the general election, a
participating candidate or his or her financial agent shall report
to the commission on approved forms an itemized summary of all
contributions received and funds expended or obligated between the
primary election and the general election.
(e) A nonparticipating candidate or his or her financial agent
shall report to the commission on approved forms whenever his or
her campaign expenditures or obligations, exceed by one thousand dollars the maximum funding available under this article to any
certified participating candidate running for the same office. The
report shall be filed with the commission within forty-eight hours
of the expenditure which triggered the reporting requirement under
this subsection. Thereafter, the nonparticipating candidate or his
or her financial agent shall report to the commission within
forty-eight hours any additional campaign expenditures or
obligations aggregating more than one thousand dollars. During the
last twenty days before the primary or general election, the
nonparticipating candidate, or his or her financial agent, shall
report to the commission within twenty-four hours thereof every
excess campaign expenditure or obligation of five hundred dollars
or more.
(f) Any person, organization or entity making independent
expenditures advocating the defeat of a participating candidate or
the nomination or election of any candidate who is opposed by a
participating candidate in excess of one thousand dollars in the
aggregate shall report such expenditures to the commission on
approved forms within forty-eight hours of the expenditure. The
commission shall establish, by legislative rule, a reporting form
which shall state the name of the person or entity making the
independent expenditures, the names of, and office for which the
candidates are seeking election, whether expenditure advocated the
nomination, election or defeat of a particular candidate, and the name of any candidate who stands to benefit from the independent
expenditures.
§3-12-14. Matching funds.
(a) If the commission determines that a non-participating
candidate's campaign expenditures or obligations have exceeded by
one thousand dollars the maximum funding available under this
article to any certified participating candidate running for the
same office, the commission shall release additional campaign
financing funds to an opposing participating candidate for the same
office equal to the amount of the excess expenditures.
(b) If the commission determines that independent expenditures
on behalf of a non-participating candidate, either alone or in
combination with the non-participating candidate's campaign
expenditures or obligations, have exceeded by one thousand dollars
the maximum funding available under this article to any certified
participating candidate running for the same office, the commission
shall immediately release additional campaign financing funds to a
participating candidate who is an opponent for the same office
equal to the amount of the excess expenditures.
(c) If the commission determines that independent expenditures
on behalf of a participating candidate, in combination with the
participating candidate's campaign expenditures or obligations,
exceed by one thousand dollars the maximum funding available under
this article to any certified participating candidate running for the same office, the commission shall immediately release
additional campaign financing funds to any other participating
candidate who is an opponent for the same office equal to the
amount of the excess expenditures.
(d) Matching funds paid out to a participating candidate under
this section are limited to two times the maximum amount of public
campaign financing initially available to a participating candidate
for the same office pursuant to section eleven of this article.
§3-12-15. Duties of the commission.
In addition to its other duties, the commission shall:
(a) Encourage voter education regarding gubernatorial and
legislative candidates;
(b) Prescribe forms for reports, statements, notices and other
documents required by this article;
(c) Prepare and publish information about this article and
provide it to potential candidates and the citizens of this State;
(d) Prepare and publish instructions setting forth methods of
bookkeeping and preservation of records to facilitate compliance
with this article and explaining the duties of candidates and
others participating in elections under the provisions of this
article;
(e) Make an annual report to the Legislature accounting for
moneys in the Fund, describing the commission's activities, and
listing any recommendations for changes of law, administration, or funding amounts;
(f) Propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code
as may be necessary for the proper administration of the provisions
of this article;
(g) Enforce the provisions of this article to ensure that
moneys from the Fund are placed in candidate campaign accounts or
otherwise spent as specified in this article;
(h) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive equalization moneys promptly and to ensure that moneys
required by this article to be paid to the Fund are deposited in
the Fund.
(i) Cause an audit of the Fund to be conducted by independent
certified public accountants ninety days after a general election.
The commission shall cooperate with the audit, provide all
necessary documentation and financial records to the auditor and
maintain a record of all information supplied by the audit.
To fulfill its responsibilities under this article, the
commission may subpoena witnesses, compel their attendance and
testimony, administer oaths and affirmations, take evidence and
require by subpoena the production of any books, papers, records,
or other items material to the performance of the commission's
duties or the exercise of its powers. The commission may also propose and adopt procedural rules to carry out the purposes and
provisions of this article and to govern procedures of the
commission.
§3-12-16. Criminal penalties.
(a) A participating candidate who, either personally or
through his or her committee, knowingly accepts contributions or
benefits in excess of those allowed under this article, spends or
obligates funds in excess of the public campaign financing funding
to which they are entitled, or uses such benefits or funding for a
purpose other than those permitted under this article is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars, or confined
in jail for up to thirty days, or both fined and imprisoned.
(b) A participating candidate who, either personally or
through his or her committee or financial agent, provides false
information to or conceals or withholds information from the
commission is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one thousand dollars nor more than ten
thousand dollars, or confined in jail for up to one year, or both
fined and imprisoned.
§3-12-17. Civil penalties.
(a) If a participating candidate or his or her committee of
financial agent unintentionally accepts contributions from a
private source in violation of the provisions of this article, or spends or obligates to spend more than the amount of public
financing money he or she is eligible to receive from the Fund
pursuant to section eleven of this article, the commission may
order the candidate to pay to the commission an amount equal to the
amount of the private contribution or excess expenditure or
obligation.
(b) If a participating candidate or his or her committee or
financial agent intentionally accepts contributions from a private
source in violation of this article, or spends or obligates more
than the amount of public campaign financing he or she is eligible
to receive from the Fund, the commission shall order the candidate
to pay to the commission an amount equal to ten times the amount of
the private contribution accepted or of the excess spent or
obligated. The candidate shall pay the civil penalty authorized
under this subsection within seven days of receipt of written
notice from the commission of the imposition of the penalty.
(c) If a participating candidate fails to pay any moneys
required to be paid to the commission or returned to the Fund under
this article, the commission may order the candidate to pay an
amount equal to three times the amount that should have been paid
to the commission or returned to the Fund.
(d) In addition to any other penalties imposed by law, the
commission may impose a civil penalty for a violation by or on
behalf of any candidate of any reporting requirement imposed by this article in the amount of one hundred dollars per day for
candidates for the Legislature and Circuit Court Judge and three
hundred dollars per day for candidates for Governor and Supreme
Court Justice. The penalty shall be doubled if the amount not
reported for a specific election exceeds ten percent of the amount
of public financing available to a candidate in a primary or
general election pursuant to sections eleven and fourteen of this
article.
(e) All penalties collected by the commission pursuant to this
section shall be deposited into the Fund. The candidate and the
candidate's campaign account are jointly and severally responsible
for the payment of any penalty imposed pursuant to this section.
§3-12-18. Effective date.
The provisions of this article are effective the first day of
January, two thousand six.
NOTE: The purpose of this bill is to create a system for
public funding of election campaigns for candidates who agree to,
and do abide by restrictions on campaign contributions from private
sources and campaign spending.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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