2021 -- H 5187

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LC000014

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ELECTIONS -- CAMPAIGN FINANCE REPORTING

     

     Introduced By: Representatives Casimiro, Noret, Vella-Wilkinson, Ackerman, and
Fenton-Fung

     Date Introduced: January 27, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-25-11 of the General Laws in Chapter 17-25 entitled "Rhode

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Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows:

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     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

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     (a) During the period between the appointment of the campaign treasurer for state and

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municipal committees and political action committees, or in the case of an individual the date on

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which the individual becomes a "declared or undeclared candidate" as defined in § 17-25-3(2),

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except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election

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in which case the ninety-day (90) report shall be included as part of the report required to be filed

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on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election

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pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions

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are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the

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campaign treasurer of a candidate, a political party committee, or a political action committee shall

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file a report containing an account of contributions received, and expenditures made, on behalf of,

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or in opposition to, a candidate:

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     (1) At ninety-day (90) intervals commencing on the date on which the individual first

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becomes a candidate, as defined in § 17-25-3(2);

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     (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

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preceding the day of the primary, general, or special election; provided, that in the case of a primary

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election for a special election where the twenty-eighth (28th) day next preceding the day of the

 

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primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-

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14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the

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day of the primary election for the special election; and

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     (3) A final report on the twenty-eighth (28th) day following the election. The report shall

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contain:

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     (i) The name and address and place of employment of each person from whom

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contributions in excess of a total of one hundred dollars ($100) within a calendar year were

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received;

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     (ii) The amount contributed by each person;

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     (iii) The name and address of each person to whom expenditures in excess of one hundred

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dollars ($100) were made; and

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     (iv) The amount and purpose of each expenditure.

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     (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election,

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or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or

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political action committee, may certify to the board of elections that the campaign fund of the

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candidate, political party committee, or political action committee having been instituted for the

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purposes of the past election, has completed its business and been dissolved or, in the event that

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the committee will continue its activities beyond the election, that its business regarding the past

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election has been completed. The certification shall be accompanied by a final accounting of the

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campaign fund, or of the transactions relating to the election, including the final disposition of any

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balance remaining in the fund at the time of dissolution or the arrangements that have been made

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for the discharge of any obligations remaining unpaid at the time of dissolution.

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     (c)(1) Once the campaign treasurer certifies that the campaign fund has completed its

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business and been dissolved, no contribution that is intended to defray expenditures incurred on

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behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that

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the campaign treasurer certifies that the campaign fund has completed its business and been

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dissolved, the treasurer shall file reports containing an account of contributions received and

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expenditures made at ninety-day (90) intervals commencing with the next quarterly report

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following the election; however, the time to file under this subsection shall be no later than the last

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day of the month following the ninety-day (90) period, except when the last day of the month filing

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deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days

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before an election, in which case the report shall be filed pursuant to the provisions of subdivisions

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(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or

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a holiday, the report shall be due on the following business day.

 

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     (2) In addition to the reports required pursuant to this section, a candidate or office holder

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shall also file with the board of elections a paper copy of the account statement from the office

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holder's campaign account, which account statement shall be the next account statement issued by

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their financial institution after the filing of the fourth quarterly campaign expense report. The

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account statement shall be submitted to the board within thirty (30) days of its receipt by the

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candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed

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a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents,

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and employees shall not publish, deliver, copy, or disclose, to any person or entity any account

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statement or information contained therein for any candidate, former candidate, officeholder, party,

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or political action committee. Provided, as to state and municipal political parties, the requirements

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of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7.

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     (d)(1) There shall be no obligation to file the reports of expenditures required by this

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section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of

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the candidacy by the candidate, by any political party committee, by any political action committee,

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or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

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     (2) However, even though the aggregate amount expended on behalf of the candidacy does

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not exceed one thousand dollars ($1,000), reports must be made listing the source and amounts of

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all contributions in excess of a total of one hundred dollars ($100) from any one source within a

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calendar year. Even though the aggregate amount expended on behalf of the candidacy does not

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exceed one thousand dollars ($1,000) and no contribution from any one source within a calendar

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year exceeds one hundred dollars ($100), the report shall state the aggregate amount of all

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contributions received. In addition, the report shall state the amount of aggregate contributions that

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were from individuals, the amount from political action committees, and the amount from political

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party committees.

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     (e) On or before the first date for filing contribution and expenditure reports, the campaign

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treasurer may file a sworn statement that the treasurer will accept no contributions nor make

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aggregate expenditures in excess of the minimum amounts for which a report is required by this

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chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

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campaign, other than the final report due on the twenty-eighth (28th) day following the election.

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     (f) A campaign treasurer must file a report containing an account of contributions received

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and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section

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for any ninety-day (90) period in which the campaign received contributions in excess of a total of

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one hundred dollars ($100) within a calendar year from any one source and/or made expenditures

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in excess of one thousand dollars ($1,000) within a calendar year; however, the time to file under

 

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this subsection shall be no later than the last day of the month following the ninety-day (90) period,

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except when the last day of the month filing deadline following the ninety-day (90) reporting period

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occurs less than twenty-eight (28) days before an election, in which case the report shall be filed

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pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the

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last day of the month falls on a weekend or a holiday, the report shall be due on the following

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business day.

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     (g)(1) The board of elections may, for good cause shown and upon the receipt of a written

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or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request

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must be received no later than the date upon which the report is due to be filed.

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     (2) Any person or entity required to file reports with the board of elections pursuant to this

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section and who or that has not filed the report by the required date, unless granted an extension

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pursuant to subdivision (1) of this subsection, shall be fined for a first offense twenty-five dollars

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($25.00), for a second offense one hundred dollars ($100), for a third offense five hundred dollars

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($500), and for all subsequent offenses, one thousand dollars ($1,000). Notwithstanding any of the

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provisions of this section, the board of elections shall have the authority to waive late filing fees

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for good cause shown.

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     (3) The board of elections shall send a notice of non-compliance, by certified mail, to any

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person or entity who or that fails to file the reports required by this section. A person or entity who

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or that is sent a notice of non-compliance and fails to file the required report within seven (7) days

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of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the

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notice of non-compliance until the day the report has been received by the state board.

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Notwithstanding any of the provisions of this section, the board of elections shall have the authority

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to waive late filing fees for good cause shown.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CAMPAIGN FINANCE REPORTING

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     This act would increase the fines for the late filing of campaign finance reports to one

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hundred dollars ($100) for a second offense, five hundred dollars ($500) for a third offense, and

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one thousand dollars ($1,000) for all subsequent offenses.

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     This act would take effect upon passage.

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