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Introduced Version House Bill 3032 History

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hb3032 intr
H. B. 3032


          (By Delegates Skinner, Lawrence, Poore, Stowers,
Miley, Manchin, Hunt, Sponaugle, Lynch,
Reynolds and Fleischauer)

          [Introduced March 21, 2013; referred to the
          Committee on the Judiciary then Finance.]

A BILL to amend and reenact §3-8-1, §3-8-1a, §3-8-2 and §3-8-2b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-8-2d, all relating to the regulation and control of elections; providing certain legislative findings; amending definitions; amending reporting requirements for independent expenditures; providing for electronic filing of reports of independent expenditures; and providing for disclosure of certain transfers of things of value; authorizing the Secretary of State to promulgate rules relating to reports of independent expenditures; retaining prohibition on corporate contribution; and repealing the ban on corporate independent expenditures.
Be it enacted by the Legislature of West Virginia:
     That §3-8-1, §3-8-1a, §3-8-2 and §3-8-2b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §3-8- 2d, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1. Provisions to regulate and control elections.

     (a) The Legislature finds that:
_____(1) According to the United States Census Bureau, West Virginia's population as of 2012 is 1,808,344 was approximately 1,855,412, ranking 37th 38th among the fifty states.
     (2) State Senate districts have a population of approximately one hundred six thousand three hundred seventy-three 109,142, and the average Delegate district has a population of approximately thirty-one thousand, one hundred seventy-eight 27,693. The size of these districts is substantially smaller than the United States Senatorial and Congressional Districts.
     (3) When the relatively small size of the state's legislative and other voting districts is combined with the economics and typical uses of various forms of electioneering communication, history shows that nonbroadcast media is and will continue to be a widely used means of making campaign related communications to target relevant audiences. Consequently, nonbroadcast communications are prevalent during elections.
     (4) Disclosure provisions are appropriate legislative weapons against the reality or appearance of improper influence stemming from the dependence of candidates on large campaign contributions, and the ceilings imposed accordingly serve the basic governmental interest in safeguarding the integrity of the electoral process without directly impinging upon the rights of individual citizens and candidates to engage in political debate and discussion.
     (5) Disclosure of expenditures serve a substantial governmental interest in informing the electorate and preventing the corruption of the political process.
     (6) Disclosure by persons and entities that make expenditures for communications that expressly advocate the election or defeat of clearly identified candidates, or perform its functional equivalent, is a reasonable and minimally restrictive method of furthering First Amendment values by public exposure of the state election system.
     (7) Failing to regulate nonbroadcast media messages would permit those desiring to influence elections to avoid the principles and policies that are embodied in existing state law.
     (8) The regulation of the various types of nonbroadcast media in addition to broadcast media, is tailored to meet the circumstances found in the State of West Virginia.
     (9) Nonbroadcast media such as mass mailings, telephone banks, leaflets, pamphlets, flyers, outdoor advertising, or publications in newspapers, magazines and other periodicals, newspapers, magazines or other periodicals have proven to be effective means of election communication in West Virginia. Broadcast, satellite and nonbroadcast media have all been used to influence election outcomes.
     (10) Certain nonbroadcast communications, such as newspaper inserts, can be more effective campaign methods than broadcast media because such communications can be targeted to registered voters or historical voters in the particular district. In contrast, broadcasted messages reach all of the general public, including person ineligible to vote in the district.
     (11) Nonbroadcast media communications in the final days of a campaign can be particularly damaging to the public's confidence in the election process because they reduce or make impossible an effective response.
     (12) Identifying those funding nonbroadcast media campaigns in the final days of a campaign may at least permit voters to evaluate the credibility of the message.
     (13) In West Virginia, contributions up to the amounts specified in this article allow contributors to express their opinions, level of support and their affiliations.
     (14) In West Virginia, campaign expenditures by entities and persons who are not candidates have been increasing. Public confidence is eroded when substantial amounts of such money, the source of which is hidden or disguised, is expended. This is particularly true during the final days of a campaign.
     (15) In West Virginia, contributions to political organizations, defined in Section 527(e)(1) of the Internal Revenue Code of 1986, substantially larger than the amounts permitted to be received by a candidate's political committee have been recorded and are considered by the Legislature to be large contributions.
     (16) Independent expenditures intended to influence candidates' campaigns in the state are increasingly utilizing nonbroadcast media to support or defeat candidates.
     (17) Identification of persons or entities funding political advertisements assists in enforcement of the contribution and expenditure limitations established by this article and simply informs voters of the actual identities of persons or entities advocating the election or defeat of candidates.
     (18) Identification of persons or entities funding political advertisements allows voters to evaluate the credibility of the message contained in the advertisement.
     (19) Disclosure of the identity of persons or entities funding political communications regarding candidates bolsters the right of listeners to be fully informed.
     (b) Political campaign contributions, receipts and expenditures of money, advertising, influence and control of employees, and other economic, political and social control factors incident to primary, special and general elections shall be regulated and controlled by the provisions of this article and other applicable provisions of this chapter.
§3-8-1a. Definitions.
     As used in this article, the following terms have the following definitions:
     (1) "Ballot issue" means a constitutional amendment, special levy, bond issue, local option referendum, municipal charter or revision, an increase or decrease of corporate limits or any other question that is placed before the voters for a binding decision.
     (2) "Broadcast, cable or satellite communication" means a communication that is publicly distributed by a television station, radio station, cable television system or satellite system.
     (3) "Candidate" means an individual who:
     (A) Has filed a certificate of announcement under section seven, article five of this chapter or a municipal charter;
     (B) Has filed a declaration of candidacy under section twenty- three, article five of this chapter;
     (C) Has been named to fill a vacancy on a ballot; or
     (D) Has declared a write-in candidacy or otherwise publicly declared his or her intention to seek nomination or election for any state, district, county or municipal office or party office to be filled at any primary, general or special election.
     (4) "Candidate's committee" means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.
     (5) "Clearly identified" means that the name, nickname, photograph, drawing or other depiction of the candidate appears or the identity of the candidate is otherwise apparent through an unambiguous reference, such as "the Governor," "your Senator" or "the incumbent" or through an unambiguous reference to his or her status as a candidate, such as "the Democratic candidate for Governor" or "the Republican candidate for Supreme Court of Appeals."
     (6) "Contribution" means a gift, subscription, loan, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance or promise of money or other tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made 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: Provided, That a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
     (7) "Corporate political action committee" means a political action committee that is a separate segregated fund of a corporation that may only accept contributions from its restricted group as outlined by the rules of the State Election Commission.
_____(8) "Covered transfer" means any transfer or payment of funds by a person, other than an individual, to another person if the person making the transfer or payment:
_____(A) Designates, requests, or suggests that the amounts be used for;
_____(i) Independent expenditures or electioneering communications; or
_____(ii) Making a transfer to another person for the purpose of making or paying for an independent expenditure or an electioneering communication;
_____(B) Made such transfer or payment in response to a solicitation or other request for a donation or payment for;
_____(i) The making of or paying for an independent expenditure or electioneering communication; or
_____(ii) Making a transfer to another person for the purpose of making or paying for such independent expenditure or electioneering communication;
_____(C) Engaged in discussions with the recipient of the transfer or payment regarding.
_____(i) The making of or paying for an independent expenditure or electioneering communication; or
_____(ii) Donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such independent expenditure or electioneering communication;
_____(D) Made independent expenditures or electioneering communications in an aggregate amount of $50,000 or more during the two year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that two year period; or
_____(E) Knew or had reason to know that the person receiving the transfer or payment would make independent expenditures or electioneering communications in an aggregate amount of $50,000 or more during the two year period beginning on the date of the transfer or payment.
_____(9) "Covered Transfer EXCLUSIONS.-The term 'covered transfer' does not include any of the following:
_____(A) A disbursement made by a person in the ordinary course of any trade or business conducted by the person or in the form of investments made by the person.
_____(B) A disbursement made by a person if-
_____(i) The person prohibited, in writing, the use of such disbursement for independent expenditures, electioneering communications, and covered transfers; and
_____(ii) The recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make independent expenditures, electioneering communications, or covered transfers.
_____(10) "Covered Transfer" EXCEPTION FOR CERTAIN TRANSFERS AMONG AFFILIATES-
_____(A) EXCEPTION FOR CERTAIN TRANSFERS AMONG AFFILIATES.-The term "covered transfer" does not include an amount transferred by one person to another person which is treated as a transfer between affiliates under subparagraph (B) if the aggregate amount transferred during the year by such person to that same person is equal to or less than $50,000.
_____(B) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES- A transfer of amounts from one person to another person shall be treated as a transfer between affiliates if;
_____(i) One of the persons is an affiliate of the other person; or
_____(ii) Each of the persons is an affiliate of the same person; except that the transfer shall not be treated as a transfer between affiliates if one of the persons is established for the purpose of making independent expenditures or electioneering communications.
_____(C) DETERMINATION OF AFFILIATE STATUS- For purposes of subparagraph (B), a person is an affiliate of another person if:
_____(i) The governing instrument of the person requires it to be bound by decisions of the other person;
_____(ii) The governing board of the person includes persons who are specifically designated representatives of the other person or are members of the governing board, officers, or paid executive staff members of the other person, or whose service on the governing board is contingent upon the approval of the other person; or
_____(iii) The person is chartered by the other person.
_____
(8)(11) "Direct costs of purchasing, producing or disseminating electioneering communications" means:
     (A) Costs charged by a vendor, including, but not limited to, studio rental time, compensation of staff and employees, costs of video or audio recording media and talent, material and printing costs and postage; or
     (B) The cost of air time on broadcast, cable or satellite radio and television stations, the costs of disseminating printed materials, studio time, use of facilities and the charges for a broker to purchase air time.
     (9)(12) "Disclosure date" means either of the following:
     (A) The first date during any calendar year on which any electioneering communication is disseminated after the person paying for the communication has spent a total of $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications; or
     (B) Any other date during that calendar year after any previous disclosure date on which the person has made additional expenditures totaling $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications.
     (10)(13) "Election" means any primary, general or special election conducted under the provisions of this code or under the charter of any municipality at which the voters nominate or elect candidates for public office. For purposes of this article, each primary, general, special or local election constitutes a separate election. This definition is not intended to modify or abrogate the definition of the term "nomination" as used in this article.
     (11)(14) (A) "Electioneering communication" means any paid communication made by broadcast, cable or satellite signal, or published in any newspaper, magazine or other periodical that any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, leaflet, pamphlet, flyer or outdoor advertising or published in any newspaper, magazine or other periodical that:
     (i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals or the Legislature;
     (ii) Is publicly disseminated within:
     (I) Thirty Sixty days before a primary election at which the nomination for office sought by the candidate is to be determined; or
     (II) Sixty Ninety days before a general or special election at which the office sought by the candidate is to be filled; and
     (iii) Is targeted to the relevant electorate: Provided, That for purposes of the general election of 2008 the amendments to this article are effective October 1, 2008.
     (B) "Electioneering communication" does not include:
     (i) A news story, commentary or editorial disseminated through the facilities of any broadcast, cable or satellite television or radio station, newspaper, magazine or other periodical publication not owned or controlled by a political party, political committee or candidate: Provided, That a news story disseminated through a medium owned or controlled by a political party, political committee or candidate is nevertheless exempt if the news is:
     (I) A bona fide news account communicated in a publication of general circulation or through a licensed broadcasting facility; and
     (II) Is part of a general pattern of campaign-related news that gives reasonably equal coverage to all opposing candidates in the circulation, viewing or listening area;
     (ii) Activity by a candidate committee, party executive committee or caucus committee, or a political action committee that is required to be reported to the State Election Commission or the Secretary of State as an expenditure pursuant to section five of this article or the rules of the State Election Commission or the Secretary of State promulgated pursuant to such provision: Provided, That independent expenditures by a party executive committee or caucus committee or a political action committee required to be reported pursuant to subsection (b), section two of this article are not exempt from the reporting requirements of this section;
     (iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election Commission or the Secretary of State or a communication promoting that debate or forum made by or on behalf of its sponsor;
     (iv) A communication paid for by any organization operating under Section 501(c)(3) of the Internal Revenue Code of 1986;
     
(v) A communication made while the Legislature is in session which, incidental to promoting or opposing a specific piece of legislation pending before the Legislature, urges the audience to communicate with a member or members of the Legislature concerning that piece of legislation;
     (vi)(v) A statement or depiction by a membership organization, in existence prior to the date on which the individual named or depicted became a candidate, made in a newsletter or other communication distributed only to bona fide members of that organization;
     (vii) (vi) A communication made solely for the purpose of attracting public attention to a product or service offered for sale by a candidate or by a business owned or operated by a candidate which does not mention an election, the office sought by the candidate or his or her status as a candidate; or
     (viii) (vii) A communication, such as a voter's guide, which refers to all of the candidates for one or more offices, which contains no appearance of endorsement for or opposition to the nomination or election of any candidate and which is intended as nonpartisan public education focused on issues and voting history.
     (12)(15)"Expressly advocating" means any communication that:
     (A) Uses phrases such as "vote for the Governor," "reelect your Senator," "support the Democratic nominee for Supreme Court," "cast your ballot for the Republican challenger for House of Delegates," "Smith for House," "Bob Smith in '04," "vote Pro-Life" or "vote Pro-Choice" accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice, "vote against Old Hickory," "defeat" accompanied by a picture of one or more candidates, "reject the incumbent";
     (B) Communications of campaign slogans or individual words, that can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers, advertisements, etc., which say "Smith's the One," "Jones '06," "Baker", etc; or
     (C) Is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
     (13)(16) "Financial agent" means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office, or to aid or promote the success or defeat of any political party at any election.
     (14)(17) "Fund-raising event" means an event such as a dinner, reception, testimonial, cocktail party, auction or similar affair through which contributions are solicited or received by such means as the purchase of a ticket, payment of an attendance fee or by the purchase of goods or services.
     (15)(18) "Independent expenditure" means an expenditure by a person:
     (A) Expressly advocating the election or defeat of a clearly identified candidate; and
     (B) That is not made in concert or cooperation with or at the request or suggestion of such candidate, his or her agents, the candidate's authorized political committee or a political party committee or its agents.
     Supporting or opposing the election of a clearly identified candidate includes supporting or opposing the candidates of a political party. An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
     (16)(19) "Membership organization" means a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors and the ability to hold office, to its members and which uses a majority of its membership dues for purposes other than political purposes. "Membership organization" does not include organizations that grant membership upon receiving a contribution.
     (17)(20) "Name" means the full first name, middle name or initial, if any, and full legal last name of an individual and the full name of any association, corporation, committee or other organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
     (18)(21) "Person" means an individual, corporation, partnership, committee, association and any other organization or group of individuals.
     (19)(22) "Political action committee" means a committee organized by one or more persons for the purpose of supporting or opposing the nomination or election of one or more candidates. The following are types of political action committees:
     (A) A corporate political action committee, as that term is defined by subdivision (8) of this section;
     (B) A membership organization, as that term is defined by subdivision (18) of this section;
     (C) An unaffiliated political action committee, as that term is defined by subdivision (29) of this section.
     (20)(23) "Political committee" means any candidate committee, political action committee or political party committee.
     (21)(24) "Political party" means a political party as that term is defined by section eight, article one of this chapter or any committee established, financed, maintained or controlled by the party, including any subsidiary, branch or local unit thereof and including national or regional affiliates of the party.
     (22)(25) "Political party committee" means a committee established by a political party or political party caucus for the purposes of engaging in the influencing of the election, nomination or defeat of a candidate in any election.
     (23)(26) "Political purposes" means supporting or opposing the nomination, election or defeat of one or more candidates or the passage or defeat of a ballot issue, supporting the retirement of the debt of a candidate or political committee or the administration or activities of an established political party or an organization which has declared itself a political party and determining the advisability of becoming a candidate under the precandidacy financing provisions of this chapter.
     (24)(27) "Targeted to the relevant electorate" means a communication which refers to a clearly identified candidate for statewide office or the Legislature and which can be received by one hundred forty thousand or more individuals in the state in the case of a candidacy for statewide office, eight thousand two hundred twenty or more individuals in the district in the case of a candidacy for the state Senate and two thousand four hundred ten or more individuals in the district in the case of a candidacy for the House of Delegates.
     (25)(28) "Two-year election cycle" means the twenty-four month period that begins the day after a general election and ends on the day of the subsequent general election.
     (26)(29) "Unaffiliated political action committee" means a political action committee that is not affiliated with a corporation or a membership organization.
)§3-8-2. Accounts for receipts and expenditures in elections; requirements for reporting independent expenditures.
     (a) Except for: (1) Candidates for party committeeman and committeewoman; and (2) federal committees required to file under the provisions of 2 U.S.C. §434, all candidates for nomination or election and all persons supporting, aiding or opposing the nomination, election or defeat of any candidate shall keep for a period of six months records of receipts and expenditures which are made for political purposes. All of the receipts and expenditures are subject to regulation by the provisions of this article. Verified financial statements of the records and expenditures shall be made and filed as public records by all candidates and by their financial agents, representatives or any person acting for and on behalf of any candidate and by the treasurers of all political party committees.
     (b)(1) In addition to any other reporting required by the provisions of this chapter, any person who makes independent expenditures in an aggregate amount or value in excess of $1,000 during a calendar year shall file a disclosure statement, on a form prescribed by the Secretary of State, that contains all of the following information:
     (A) The name of (i) the person making the expenditure; (ii) the name of any person sharing or exercising direction or control over the activities of the person making the expenditure; and (iii) the name of the custodian of the books and accounts of the person making the expenditure;
     (B) If the person making the expenditure is not an individual, the principal place of business of the partnership, corporation, committee, association, organization or group which made the expenditure;
     (C) The amount of each expenditure of more than $1,000 made during the period covered by the statement and the name of the person to whom the expenditure was made;
     (D) The elections to which the independent expenditure pertain, the names, if known, of the candidates referred to or to be referred to therein, whether the expenditure is intended to support or oppose the identified candidates and the amount of the total expenditure reported pursuant to paragraph (C) of this subdivision spent to support or oppose each of the identified candidates;
     (E) (1) (i) If the person who makes the independent expenditure pays for the expenditure exclusively using funds in a segregated bank account consisting of funds that were contributed, donated, transferred, or paid directly to the account by persons other than the person who controls the account, for each contribution, donation, transfer, payment of dues, or other payment to the account, the name and address of each person who made the contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if the contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of more than $250 between the first day of the preceding calendar year, and the disclosure date.
_____(ii) If the person who makes the independent expenditure pays for the expenditure using funds other than funds in a segregated bank account described in subpart (E)(1)(I), the name and address of each person who made the contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if such contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of more than $250 between the first day of the preceding calendar year, and the disclosure date.
_____(2)(i) The requirement to include in a statement filed under this section the information described in subparts (E) and (F) does not apply to amounts received by the person who makes the independent expenditure in the ordinary course of any trade or business conducted by the person who makes the independent expenditure or in the form of investments in the person making the independent expenditure.
_____(ii) The requirement to include in a statement submitted under this section the information described in subparts (E) and (F) does not apply if:
_____(I) The person described in such subpart prohibited, in writing, the use of the contribution, donation, transfer, payment of dues, or other payment made by such person for independent expenditures, electioneering communications, or covered transfers; and
_____(II) The person who makes the independent expenditure agreed to follow the prohibition and deposited the contribution, donation, transfer, payment of dues, or other payment in an account which is segregated from any account used for independent expenditures, electioneering communications, or covered transfers.
  The name and address of any person who contributed a total of more than $250 between the first day of the preceding calendar year, and the disclosure date, and whose contributions were made for the purpose of furthering the expenditure.
     (F) With regard to the contributors required to be listed pursuant to paragraph (E) of this subdivision, the statement shall also include:
     (i) The month, day and year that the contributions of any single contributor exceeded $250;
     (ii) If the contributor is a political action committee, the name and address the political action committee registered with the Secretary of State, county clerk or municipal clerk;
     (iii) If the contributor is an individual, the name and address of the individual, his or her occupation, the name and address of the individual's current employer, if any, or, if the individual is self-employed, the name and address of the individual's business, if any;
     (iv) A description of the contribution, if other than money; and
     (v) The value in dollars and cents of the contribution.
     (G)(1) A certification that such independent expenditure was not 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.
     (2) Any person who makes a contribution for the purpose of funding an independent expenditure under this subsection shall, at the time the contribution is made, provide his or her name, address, occupation, his or her current employer, if any, or, if the individual is self-employed, the name of his or her business, if any, to the recipient of the contribution.
     (3) The Secretary of State shall expeditiously prepare indices setting forth, on a candidate-by-candidate basis, all independent expenditures separately, made by, or on behalf of, or for, or against each candidate, as reported under this subsection, and for periodically publishing such indices on a timely preelection basis.
     (c) (1) A person, including a political committee, who makes or contracts to make independent expenditures aggregating $1,000 or more for any statewide, legislative or multicounty judicial candidate or $500 or more for any county office, single-county judicial candidate, committee supporting or opposing a candidate on the ballot in more than one county, or any municipal candidate on a municipal election ballot, after the fifteenth day, but more than twelve hours, before the date of an election, shall file a report on a form prescribed by the Secretary of State, describing the expenditures within twenty-four hours: Provided, That a person making expenditures in the amount of $1,000 or more for any statewide or legislative candidate on or after the fifteenth day but more than twelve hours before the day of any election shall report such expenditures in accordance with section two-b of this article and shall not file an additional report as provided herein.
     (2) Any person who files a report under subdivision (1) of this subsection, shall file an additional report within twenty-four hours after each time the person makes or contracts to make independent expenditures aggregating an additional $500 with respect to the same election, for any county office, single-county judicial candidate, committee supporting or opposing a candidate on the ballot in more than one county, or any municipal candidate on a municipal election ballot, as that to which the initial report relates.
     (d) (1) A person, including a political committee, who makes or contracts to make independent expenditures aggregating $10,000 or more at any time up to and including the fifteenth day before the date of an election shall file a report on a form prescribed by the Secretary of State, describing the expenditures within forty- eight hours.
     (2) A person who files a report under subdivision (1) of this subsection, the person shall file an additional report within forty-eight hours after each time the person makes or contracts to make independent expenditures aggregating an additional $10,000 with respect to the same election as that to which the initial report relates.
     (e) Any communication paid for by an independent expenditure must include a clear and conspicuous public notice that:
     (1) Clearly states that the communication is not authorized by the candidate or the candidate's committee; and
     (2) Clearly identifies the person making the expenditure: Provided, That if the communication appears on or is disseminated by broadcast, cable or satellite transmission, the statement required by this subsection must be both spoken clearly and appear in clearly readable writing at the end of the communication.
     (f) Any person who has spent a total of $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year shall maintain all financial records and receipts related to such expenditure for a period of six months following the filing of a disclosure pursuant to subsection (a) of this section and, upon request, shall make such records and receipts available to the Secretary of State or county clerk for the purpose of an audit as provided in section seven of this article.
     (g) Any person who willfully fails to comply with this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500, or confined in jail for not more than one year, or both fined and confined.
     (h) (1) Any person who is required to file a statement under this section may file the statement by facsimile device or electronic mail, in accordance with such rules as the Secretary of State may promulgate.
     (2) The Secretary of State shall make any document filed electronically pursuant to this subsection accessible to the public on the Internet not later than twenty-four hours after the document is received by the secretary.
     (3) In promulgating a rule under this subsection, the secretary shall provide methods, other than requiring a signature on the document being filed, for verifying the documents covered by the rule. Any document verified under any of the methods shall be treated for all purposes, including penalties for perjury, in the same manner as a document verified by signature.
     (i) This section does not apply to candidates for federal office.
     (j) The Secretary of State may promulgate emergency and legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to establish guidelines for the administration of this section.
§3-8-2b. Disclosure of electioneering communication.
     (a) Every person who has spent:
     (1) A total of $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year; or
     (2) A total of $1,000 or more on or after the fifteenth day but more than twelve hours before the day of any election for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year shall, within twenty-four hours of each disclosure date, file with the Secretary of State a statement which contains all of the information listed in subsection (b) of this section.
     (b)(1) The name of the person making the expenditure, the name of any person sharing or exercising direction or control over the activities of the person making the expenditure and the name of the custodian of the books and accounts of the person making the expenditure;
     (2) If the person making the expenditure is not an individual, the principal place of business of the partnership, committee, association, organization or group which made the expenditure;
     (3) The amount of each expenditure of more than $1,000 made for electioneering communications during the period covered by the statement and the name of the person to whom the expenditure was made;
     (4) The elections to which the electioneering communications pertain, the names, if known, of the candidates referred to or to be referred to therein, whether the electioneering communication is intended to support or oppose the identified candidates and the amount of the total expenditure reported in subdivision (3) of this subsection spent to support or oppose each of the identified candidates; and
     (5) (1)(i) If the person who makes the electioneering communication pays for the expenditure exclusively using funds in a segregated bank account consisting of funds that were contributed, donated, transferred, or paid directly to the account by persons other than the person who controls the account, for each contribution, donation, transfer, payment of dues, or other payment to the account-the name and address of each person who made the contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if the contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of more than $1000 between the first day of the preceding calendar year, and the disclosure date.
_____(ii) If the person who makes the electioneering communication pays for the expenditure using funds other than funds in a segregated bank account described in subpart (b)(5)(i)-the name and address of each person who made the contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if the contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of more than $1000 between the first day of the preceding calendar year, and the disclosure date.
_____(2)(i) The requirement to include in a statement filed under this section the information described in subparts (5)(1)(i) and (5)(1)(ii) does not apply to amounts received by the person who makes the electioneering communication in the ordinary course of any trade or business conducted by the person who makes the electioneering communication or in the form of investments in the person making the electioneering communication.
_____(ii) The requirement to include in a statement submitted under this section the information described in subparts (5)(1)(i) and (5)(1)(ii) does not apply if:
_____(I) The person described in the subparagraph prohibited, in writing, the use of the contribution, donation, transfer, payment of dues, or other payment made by the person for independent expenditures, electioneering communications, or covered transfers; and
_____(II) The person who makes the independent expenditure agreed to follow the prohibition and deposited the contribution, donation, transfer, payment of dues, or other payment in an account which is segregated from any account used for independent expenditures, electioneering communications, or covered transfers.
The names and addresses of any contributors who contributed a total of more than $1,000 between the first day of the preceding calendar year and the disclosure date and whose contributions were used to pay for electioneering communications.
     (c) With regard to the contributors required to be listed pursuant to subdivision (5), subsection (b) of this section, the statement shall also include:
     (1) The month, day and year that the contributions of any single contributor exceeded $250;
     (2) If the contributor is a political action committee, the name and address the political action committee registered with the State Election Commission;
     (3) If the contributor is an individual, the name and address of the individual, his or her occupation, the name and address of the individual's current employer, if any, or, if the individual is self-employed, the name and address of the individual's business, if any;
     (4) A description of the contribution, if other than money;
     (5) The value in dollars and cents of the contribution.
     (d) (1) Any person who makes a contribution for the purpose of funding the direct costs of purchasing, producing or disseminating an electioneering communication under this section shall, at the time the contribution is made, provide his or her name and address to the recipient of the contribution;
     (2) Any individual who makes contributions totaling $250 or more between the first day of the preceding calendar year and the disclosure date for the purpose of funding the direct costs of purchasing, producing or disseminating electioneering communications shall, at the time the contribution is made, provide the name of his or her occupation and of his or her current employer, if any, or, if the individual is self-employed, the name of his or her business, if any, to the recipient of the contribution.
     (e) In each electioneering communication, a statement shall appear or be presented in a clear and conspicuous manner that:
     (1) Clearly indicates that the electioneering communication is not authorized by the candidate or the candidate's committee; and
     (2) Clearly identifies the person making the expenditure for the electioneering communication: Provided, That if the electioneering communication appears on or is disseminated by broadcast, cable or satellite transmission, the statement required by this subsection must be both spoken clearly and appear in clearly readable writing at the end of the communication.
     (f) Within five business days after receiving a disclosure of electioneering communications statement pursuant to this section, the Secretary of State shall make information in the statement available to the public through the Internet.
     (g) For the purposes of this section, a person is considered to have made an expenditure when the person has entered into a contract to make the expenditure at a future time.
     (h) The Secretary of State is hereby directed to propose legislative rules and emergency rules implementing this section for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
     (i) If any person, including, but not limited to, a political organization (as defined in Section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any expenditure for electioneering communications which is coordinated with and made with the cooperation, consent or prior knowledge of a candidate, candidate's committee or agent of a candidate, the expenditure shall be treated as a contribution and expenditure by the candidate. If the expenditure is coordinated with and made with the cooperation or consent of a state or local political party or committee, agent or official of that party, the expenditure shall be treated as a contribution to and expenditure by the candidate's party.
     (j) This section does not apply to candidates for federal office. This section is not intended to restrict or to expand any limitations on, obligations of or prohibitions against any candidate, committee, agent, contributor or contribution contained in any other provision of this chapter.
§3-8-2d. Disclosure of covered transfers.
_____(a) Every person, other than an individual, who makes a covered transfer equal to:
_____(1) A total of §5,000 or more; or
_____(2) A total of §1,000 or more on or after the fifteenth day but more than twelve hours before the day of any election shall, within twenty-four hours of each disclosure date, file with the Secretary of State a statement which contains all of the information listed in subsection (b) of this section.
_____(b)(1) The name of the person who made the covered transfer, the name of any person sharing or exercising direction or control over the activities of the person who made the covered transfer, and the name of the custodian of the books and accounts of the person who made the covered transfer;
_____(2) The principal place of business of the person who made the covered transfer;
_____(3)(i)(I) If the person who makes the covered transfer pays for the transfer exclusively using funds in a segregated bank account consisting of funds that were contributed, donated, transferred, or paid directly to the account by persons other than the person who controls the account, for each contribution, donation, transfer, payment of dues, or other payment to the account-the name and address of each person who made the contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if the contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of more than $1000 between the first day of the preceding calendar year, and the disclosure date.
_____(II) If the person who makes the covered transfer pays for the transfer using funds other than funds in a segregated bank account described in subpart (3)(i)(I)-the name and address of each person who made such contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; but only if such contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments in an aggregate amount of more than $1000 between the first day of the preceding calendar year, and the disclosure date.
_____(ii) The requirement to include in a statement filed under this section the information described in subparts (3)(i)(I) and (3)(i)(II) does not apply to amounts received by the person who makes the covered transfer in the ordinary course of any trade or business conducted by the person who makes the covered transfer or in the form of investments in the person making the covered transfer.
_____(iii) The requirement to include in a statement submitted under this section the information described in subparts (3)(i)(I) and (3)(i)(II) does not apply if:
_____(I) The person described in the subparagraph prohibited, in writing, the use of the contribution, donation, transfer, payment of dues, or other payment made by the person for independent expenditures, electioneering communications, or covered transfers; and
_____(II) The person who makes the covered transfer agreed to follow the prohibition and deposited the contribution, donation, transfer, payment of dues, or other payment in an account which is segregated from any account used for independent expenditures, electioneering communications, or covered transfers.
_____(c) With regard to the persons required to be listed pursuant to subdivision (3) of this section, the statement shall also include:
_____(1) The month, day and year that the contributions of any single contributor exceeded $250;
_____(2) If the person making the contribution is a political action committee, the name and address the political action committee registered with the State Election Commission;
_____(3) If the contributor is an individual, the name and address of the individual, his or her occupation, the name and address of the individual's current employer, if any, or, if the individual is self-employed, the name and address of the individual's business, if any;
_____(4) A description of the contribution, if other than money;
_____(5) The value in dollars and cents of the covered transfer.
_____(d) Within five business days after receiving a disclosure of covered transfer statement pursuant to this section, the Secretary of State shall make information in the statement available to the public through the Internet.
_____(e) For the purposes of this section, a person is considered to have made a covered transfer when the person has entered into a contract to make the covered transfer at a future time.
_____(f) The Secretary of State is hereby directed to propose legislative rules and emergency rules implementing this section for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
_____(g) This section does not apply to candidates for federal office. This section is not intended to restrict or to expand any limitations on, obligations of or prohibitions against any candidate, committee, agent, contributor or contribution contained in any other provision of this chapter.



     NOTE: The purpose of this bill is to amend provisions relating to the regulation and control of elections.


     §3-8-2d is new; therefore, it has been completely underscored.


     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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