Chapter
529
2007 -- H 6379 SUBSTITUTE A
Enacted 10/30/07
A N A C T
RELATING TO RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORTING
Introduced By: Representatives Slater, Lima, E Coderre, Almeida, and Williams
Date Introduced: May 09, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 17-25-5 and 17-25-7.6 of the General Laws in Chapter 17-25
entitled
"Rhode Island Campaign Contributions and Expenditures Reporting" are
hereby amended
to read
as follows:
17-25-5.
Duties and powers of the board of elections. -- (a) The board of
elections is
authorized
to perform any duties that are necessary to implement the provisions of this
chapter.
Without
limiting the generality of this provision, the board is authorized and
empowered to:
(1) Develop forms for the making of the required reports to be filed with the
board of
elections,
which form shall contain a notice setting forth the times and dates when
reports are
required
to be filed;
(2) Prepare and publish a manual for all candidates, political party
committees, political
action
committees and ballot questions advocates prescribing the requirements of the
law,
including
uniform methods of bookkeeping and reporting and requirements as to the length
of
time
that any person required to keep any records pursuant to the provisions of this
chapter shall
retain
these records, or any class or category of records, or any other documents;
(3) Adopt rules and regulations to carry out the purposes of this chapter;
(4)(i) Prepare and make available for public inspection, through the
office of the board of
elections,
summaries of all reports grouped according to candidates and political parties;
(ii)
Make all campaign finance reports available electronically on the board of
election's
website
no later than two (2) business days after the reports are received by the board
of
elections;
(iii)
Take any steps that may be necessary or appropriate to make all campaign
finance
reports
available in an electronic searchable format on the board of election's website
no later
than
one business day after the reports are received by the board of elections
commencing with
the
first quarterly reporting period in 2010.
(5)
Prepare and publish, prior to May 1 or as soon as practicable thereafter of
each year,
an
annual report to the general assembly;
(6) Ascertain whether candidates or political party committees, political
action
committees
or ballot questions advocates, have failed to file reports or have filed
defective
reports;
and may for good cause shown extend the dates upon which reports are required
to be
filed;
(7) (i) Conduct confidential investigations and/or closed hearings in
accordance with this
title relative
to alleged violations of this chapter either on its own initiative or upon
receipt of a
verified
written complaint, which complaint shall, under pain and penalty of perjury, be
based
upon
actual knowledge and not merely on information and belief. Upon completion of
its
investigation
and/or hearings, if the board has reason to believe that a violation of this
chapter has
occurred
or that a complainant has willfully sworn or affirmed falsely, the chairperson
of the
board of
elections is authorized to and shall issue to the person found to be in
violation of this
chapter
a summons pursuant to section 12-7-11 to appear before the division of the
district court
where
the person resides and shall be prosecuted by the attorney general. Any action
taken by the
board as
a result of a written verified complaint shall, whenever possible, be completed
no later
than
five (5) business days after its receipt, and if no violation is found to
exist, all records and
papers
shall be kept confidential unless further legal proceedings are instituted.
(ii) The confidentiality of an audit, investigation, hearing, and/or findings
may be waived
in
writing only by the person or persons complained of or audited. However, once
an audit is
complete
and presented to the board, the audit will be a matter of public record.
(8) Conduct compliance reviews and audits of campaign accounts as necessary,
and in a
manner
consistent with the provisions of this chapter.
(b) The board of elections shall take any steps that may be necessary or
appropriate to
furnish
timely and adequate information, in appropriate printed summaries and in any
other form
that it
may see fit, to every candidate or prospective candidate for public office who
becomes or is
likely
to become subject to the provisions of this chapter, and to every treasurer
duly designated
under
the provisions of this chapter, informing them of their actual or prospective
obligations and
responsibilities
under this chapter.
(c) (1) The board of elections is authorized, upon written request, to render
written
advisory
opinions as to whether a given set of facts and circumstances set forth in the
request
would
constitute a violation of any of the provisions of this chapter, or whether a
given set of
facts
and circumstances set forth in the request would render any person subject to
any of the
reporting
requirements of this chapter; provided, that the requirement for a written
opinion may
be
voluntarily waived by the candidate or committee.
(2) Unless an extension of time is consented to by any person who submits a
written
request
for an advisory opinion, the board of elections shall, whenever possible,
render its written
advisory
opinion within five (5) business days of receipt of the request.
(d) (1) For each quarterly report required to be filed, the board shall send a
postcard by
regular
mail to each person and entity required to file a report, which will notify the
person or
entity
that a report required to be filed is due within fourteen (14) days.
(2) The failure to receive this notice shall not absolve the person or entity
of the
reporting
requirements contained in this chapter.
17-25-7.6.
Electronic reporting. -- (a) The filing of campaign finance reports to
the
board of
elections shall commence in accordance with the following schedule:
(1) Candidates for general office shall commence filing campaign finance
reports
electronically
beginning with the report required to be filed for the first quarterly
reporting period
in 2002.
(2) All other candidates for public office and political parties, other than
state political
parties,
who raise or expend more than ten thousand dollars ($10,000) annually, or whose
report
shows
a balance of twenty-five thousand dollars ($25,000) or more in their campaign
fund shall
commence
filing campaign finance reports electronically beginning with the first second
quarterly
reporting period in 2004 2008; provided, that all candidates may
commence filing
campaign
finance reports electronically beginning with the first report required to be
filed for the
first
quarterly reporting period in 2002.
(3) State political parties, political action committees and vendors required
to file
campaign
finance reports and who raise or expend more than ten thousand dollars
($10,000)
annually,
or whose report shows a balance of twenty-five thousand dollars ($25,000) or
more in
their
campaign fund shall do so commencing
with the first report required to be filed for the first
quarterly
reporting period in 2002.
(b) Notwithstanding the provisions in subdivision (a)(2) of this section,
any candidate
who
raises or expends more than five thousand dollars ($5,000) annually, or whose
report shows
a
balance of five thousand dollars ($5,000) or more in his or her campaign fund
as of December
31st
of the previous year, shall file his or her campaign finance reports
electronically.
(c) (b) The board of elections shall have the authority to adopt
regulations to implement
and
administer the provisions of this section.
(d) (c) Notwithstanding anything else in this section and subject
to the implementation of
an
electronic reporting and tracking system, the board of elections shall have the
authority to
delay
implementation of the requirements of this section by up to ninety (90) days.
SECTION
2. This act shall take effect upon passage.
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LC03016/SUB A
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