Chapter 357
2023 -- H 5962 SUBSTITUTE A AS AMENDED
Enacted 06/27/2023

A N   A C T
RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORTING

Introduced By: Representatives Newberry, Edwards, Kazarian, Solomon, Chippendale, and J. Brien

Date Introduced: March 01, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 17-25-3, 17-25-7, 17-25-10.1, 17-25-11, 17-25-19, 17-25-20, 17-
25-21 and 17-25-22 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign
Contributions and Expenditures Reporting" are hereby amended to read as follows:
     17-25-3. Definitions.
     As used in this chapter, unless a different meaning clearly appears from the context:
     (1) “Accounts payable” means credit extended to a candidate or political committee, for
campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s
business, and the terms are substantially similar, in risk and amount, to extensions of credit to
nonpolitical customers.
     (1)(2) “Business entity” means any corporation, whether for profit or not for profit,
domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution,
cooperative, association, receivership, trust, holding company, firm, joint stock company, public
utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the
laws of the United States and/or the state of Rhode Island for the purpose of doing business. The
term “business entity” shall not include a political action committee organized pursuant to this
chapter or a political party committee or an authorized campaign committee of a candidate or office
holder. The term “business entity” shall not include any exempt nonprofit as defined herein or any
organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United States, as amended from time to time, for the
purposes of chapter 25.3 of title 17.
     (2)(3) “Candidate” means any individual who undertakes any action, whether preliminary
or final, which is necessary under the law to qualify for nomination for election or election to public
office, and/or any individual who receives a contribution or makes an expenditure, or gives his or
her their consent for any other person to receive a contribution or make an expenditure, with a
view to bringing about his or her their nomination or election to any public office, whether or not
the specific public office for which he or she they will seek nomination or election is known at the
time the contribution is received or the expenditure is made and whether or not he or she has they
have announced his or her their candidacy or filed a declaration of candidacy at that time.
     (3)(4) “Conduit” or “intermediary” means any person who receives and forwards an
earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise
limited in this chapter.
     (4)(5) “Contributions” and “expenditures” include all transfers of money, credit or debit
card transactions, on-line or electronic payment systems such as “pay pal,” paid personal services,
or other thing of value to or by any candidate, committee of a political party, or political action
committee or ballot question advocate. A loan shall be considered a contribution of money until it
is repaid.
     (18)(6) “Covered transfer” means any transfer or payment of funds by any person, business
entity, or political action committee to another person, business entity, or political action committee
if the person, business entity, or political action committee making the transfer: (i) Designates,
requests, or suggests that the amounts be used for independent expenditures or electioneering
communications or making a transfer to another person for the purpose of making or paying for
such independent expenditures or electioneering communications; (ii) Made such transfer or
payment in response to a solicitation or other request for a transfer or payment for the making of
or paying for independent expenditures or electioneering communications or making a transfer to
another person for the purpose of making or paying for such independent expenditures or
electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or
payment regarding independent expenditures or electioneering communications or making a
transfer to another person for the purpose of making or paying for such independent expenditures
or electioneering communications; or (iv) Made independent expenditures or electioneering
communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-
year (2) 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 independent expenditures or electioneering
communications in such an aggregate amount during that two-year (2) period.
     (A) Exceptions: The term “covered transfer” does not include:
     (I) A transfer or payment made by a person, business entity, or political action committee
in the ordinary course of any trade or business conducted by the person, business entity, or political
action committee or in the form of investments made by the person, business entity, or political
action committee; or
     (II) A transfer or payment made by a person, business entity, or political action committee
if the person, business entity, or political action committee making the transfer prohibited, in
writing, the use of such transfer or payment for independent expenditures, electioneering
communications, or covered transfers and the recipient of the transfer or payment agreed to follow
the prohibition and deposited the transfer or payment in an account that is segregated from any
account used to make independent expenditures, electioneering communications, or covered
transfers.
     (5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or
indirect, express or implied, oral or written, that results in all or any part of a contribution or
expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s
authorized committee.
     (6)(8) “Election” means any primary, general, or special election or town meeting for any
public office of the state, municipality, or district, or for the determination of any question
submitted to the voters of the state, municipality, or district.
     (7)(9) “Election cycle” means the twenty-four month (24) period commencing on January
1 of odd number years and ending on December 31 of even number years; provided, with respect
to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and
17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of
odd numbered years and ending December 31 of even numbered years.
     (16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or
electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate,
authorized candidate campaign committee, or political party committee and that unambiguously
identifies a candidate or referendum and is made either within sixty (60) days before a general or
special election or town meeting for the office sought by the candidate or referendum; or thirty (30)
days before a primary election, for the office sought by the candidate; and is targeted to the relevant
electorate.
     (i) A communication that refers to a clearly identified candidate or referendum is “targeted
to the relevant electorate” if the communication can be received by two thousand (2,000) or more
persons in the district the candidate seeks to represent or the constituency voting on the referendum.
     (ii) Exceptions: The term “electioneering communication” does not include:
     (A) A communication appearing in a news story, commentary, or editorial distributed
through the facilities of any broadcasting station, unless such facilities are owned or controlled by
any political party, political committee, or candidate;
     (B) A communication that constitutes a candidate debate or forum conducted pursuant to
regulations adopted by the board of elections or that solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring the debate or forum;
     (C) A communication made by any business entity to its members, owners, stockholders,
or employees;
     (D) A communication over the internet, except for (I) Communications placed for a fee on
the website of another person, business entity, or political action committee; and (II) Websites
formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election
or defeat of a clearly identified candidate or the passage or defeat of a referendum; or
     (E) Any other communication exempted under such regulations as the board of elections
may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate
implementation of this paragraph.
     (21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the
Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%)
of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on
independent expenditures, electioneering communications, and covered transfers as defined herein
and certifies the same to the board of elections seven (7) days before and after a primary election
and seven (7) days before and after a general or special election.
     (12) “Fair market value” means the usual and normal charge for goods and services as
determined by the marketplace from which they ordinarily would have been purchased at a usual
and normal charge in an arms length transaction.
     (i) For purposes of this subsection, “usual and normal charge for goods” means the price
of those goods in the market from which they ordinarily would have been purchased at the time of
the contribution. “Usual and normal charge for services”, other than those provided by an unpaid
volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate
prevailing at the time the services are rendered.
     (19)(13) For the purposes of chapter 25.3 of this title 17, “donation” means all transfers of
money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,”
paid personal services, or other thing of value to or by any person, business entity, or political
action committee. A loan shall be considered a donation of money until it is repaid.
     (20)(14) For the purposes of chapter 25.3 of this title 17, “donor” means a person, business
entity, or political action committee that makes a donation.
     (22)(15) For purposes of chapter 25.3 of this title 17, “referendum” means the same as the
definition set forth in § 17-5-1.
     (17)(16) “Independent expenditure” means an expenditure that, when taken as a whole,
expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat
of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no
way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate
committee, or political party committee. An expenditure amounts to the functional equivalent of
express advocacy if it can only be interpreted by a reasonable person as advocating the election,
passage, or defeat of a candidate or referendum, taking into account whether the communication
mentions a candidate or referendum and takes a position on a candidate’s character, qualifications,
or fitness for office. An independent expenditure is not a contribution to that candidate or
committee.
     (i) Exceptions: The term “independent expenditure” does not include:
     (A) A communication appearing in a news story, commentary, or editorial distributed
through the facilities of any broadcasting station, unless such facilities are owned or controlled by
any political party, political committee, or candidate;
     (B) A communication that constitutes a candidate debate or forum conducted pursuant to
regulations adopted by the board of elections or that solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring the debate or forum;
     (C) A communication made by any business entity to its members, owners, stockholders,
or employees;
     (D) A communication over the internet, except for (I) Communications placed for a fee on
the website of another person, business entity, or political action committee; and (II) Websites
formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election
or defeat of a clearly identified candidate or the passage or defeat of a referendum; or
     (E) Any other communication exempted under such regulations as the board of elections
may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate
implementation of this paragraph.
     (8)(17) “In-kind contributions” means the monetary value of other things of value or paid
personal services donated to, or benefiting, any person required to file reports with the board of
elections.
     (9)(18) “Other thing of value” means any item of tangible real or personal property of a
fair-market value in excess of one hundred dollars ($100).
     (10)(19) “Paid personal services” means personal services of every kind and nature, the
cost or consideration for which is paid or provided by someone other than the committee or
candidate for whom the services are rendered, but shall not include personal services provided
without compensation by persons volunteering their time.
     (11)(20) “Person” means an individual, partnership, committee, association, corporation,
union, charity, and/or any other organization. The term “person” shall not include any exempt
nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue
Code of 1986, or any subsequent corresponding internal revenue code of the United States, as
amended from time to time, for the purposes of chapter 25.3 of this title 17 only.
     (12)(21) “Political action committee” means any group of two (2) or more persons that
accepts any contributions to be used for advocating the election or defeat of any candidate or
candidates. Only political action committees that have accepted contributions from fifteen (15) or
more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted
to make contributions, and those committees must make contributions to at least five (5) candidates
for state or local office within an election cycle.
     (13)(22) “Public office” means any state, municipal, school, or district office or other
position that is filled by popular election, except political party offices. “Political party offices”
means any state, city, town, ward, or representative or senatorial district committee office of a
political party or delegate to a political party convention, or any similar office.
     (14)(23) “State” means state of Rhode Island.
     (15)(24) “Testimonial affair” means an affair of any kind or nature including, but not
limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs
expressly and directly intended to raise campaign funds in behalf of a candidate to be used for
nomination or election to a public office in this state, or expressly and directly intended to raise
funds in behalf of any state or municipal committee of a political party, or expressly and directly
intended to raise funds in behalf of any political action committee.
     17-25-7. Contents of reports to be filed by treasurers of candidates and committees.
     (a) Each campaign treasurer of a candidate, each state and municipal committee of a
political party, and each political action committee shall keep accurate records and make a full
report, upon a form prescribed by the board of elections, of all contributions received, and
expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars
($200), from any one source within a calendar year, in furtherance of the nomination, election, or
defeat of any candidate or the approval or rejection of any question submitted to the voters, or at
any financial town meeting, financial town referendum, or other election at which amendments to
a city or town charter are proposed, during the period from the date of the last report, or in the case
of the initial report, beginning on the date of the appointment of the campaign treasurer for state
and municipal committees and political action committees and on the date a person becomes a
“candidate” as defined in § 17-25-3(2) for individual candidates. The report shall contain the name,
address, and place of employment of each person or source from whom the contributions and
expenditures in excess of one hundred dollars ($100) two hundred dollars ($200), were received or
made and the amount contributed or expended by each person or source. The report shall be filed
with the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the
candidate or committee reporting shall certify to the correctness of each report. Notwithstanding
any other provisions contained in this title, this subsection shall apply to any person or entity
advocating the approval or rejection of any question presented to voters at any financial town
meeting, financial town referendum, or other election at which amendments to a city or town charter
are proposed, which shall file reports of contributions or expenditures in accordance with the filing
schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred
dollars ($100) two hundred dollars ($200), in a calendar year. As used in this subsection, the word
“entity” means any political action committee, political party committee, authorized campaign
committee of a candidate or officer holder, corporation, whether for profit, not-for-profit, or exempt
nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, domestic corporation or
foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, association,
receivership, partnership, committee, union, charity, trust, holding company, firm, joint stock
company, public utility, sole proprietorship, limited partnership, or any other entity recognized by
the laws of the United States and/or the state of Rhode Island.
     (b) Each state and municipal committee of a political party shall also file with the board of
elections, not later than March 1 of each year, an annual report setting forth in the aggregate all
contributions received and all expenditures made during the previous calendar year, whether or not
these expenditures were made, incurred, or authorized in furtherance of the election or defeat of
any candidate. The treasurer of the committee or organization reporting shall certify to the
correctness of each report.
     (c) Any report filed pursuant to the provisions of this section shall include contributions
received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most
recent report filed.
     17-25-10.1. Political contributions — Limitations.
     (a)(1) No person, other than the candidate to his or her own campaign, nor any political
action committee shall make a contribution or contributions to any candidate, as defined by § 17-
25-3, or political action committee or political party committee that, in the aggregate, exceed one
thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any
political action committee make such contributions that in the aggregate, exceed twenty-five
thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action
committee or any political party committee accept a contribution or contributions that, in the
aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar
year from any one person or political action committee.
     (2) Notwithstanding the provisions of subdivision (1) of this subsection subsection (a)(1)
of this section, a person or political action committee or political party committee may contribute
an amount that in the aggregate, does not exceed ten thousand dollars ($10,000) within a calendar
year to a political party committee, which funds can be utilized for organizational and party building
activities, but shall not be used for contributions to candidates state and local for public office.
     (b) Contributions to a named candidate made to any political committee authorized by that
candidate to accept contributions on the candidate’s behalf shall be considered to be contributions
made to the candidate. Contributions to a candidate by a political committee for another person
shall be considered to be contributions by that person.
     (c) Expenditures made by any person in cooperation, consultation, or concert with, or at
the request or suggestion of, a candidate, the candidate’s authorized political committees, or their
agents shall be considered to be a contribution to the candidate.
     (d) The financing by any person of the dissemination, distribution, or republication, in
whole or in part, of any broadcast or any written, graphic, or other form of campaign materials
prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall
be considered to be a contribution to a candidate.
     (e) Nothing in this section shall be construed to restrict political party committees
organized pursuant to this title from making contributions to the candidates of that political party;
provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed,
in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar
year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind”
contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a
calendar year from all committees of his or her political party. There shall be no restriction on the
amount of “in-kind” contributions that a political party committee may make to a candidate of its
political party; provided, that for the purposes of this subsection only, the cost of any preparation
and airing of television and/or radio advertisements and the cost of any print advertisements shall
not be considered an allowable “in-kind” contribution and shall be subject to the aggregate
limitation of twenty-five thousand dollars ($25,000).
     (f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall
be deemed a contribution from the individual for the purpose of determining whether aggregate
contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for
reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for
contributions to a single candidate or political action committee within a calendar year.
     (2) No dependent child shall contribute an amount that, when added to contributions
already made by that child’s parent or legal guardian and by other dependent children of that parent
or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum
for contributions to a single candidate or political action committee within a calendar year.
     (g) Nothing in this section shall be construed to restrict the amount of money that a
candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own
campaign.
     (h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic
corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any
campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political
action committee, or political party committee, or for any candidate, political action committee, or
political party committee to accept any campaign contribution or expenditure from a corporation
or other business entity. Any contribution made in the personal name of any employee of a
corporation or other business entity, for which the employee received or will receive reimbursement
from the corporation or other business entity, shall be considered as a contribution by the
corporation or other business entity, in violation of this section.
     (2) Any voluntary payroll deduction and/or contribution made by employees of a
corporation or other business entity shall not be deemed a contribution of a corporation or other
business entity, notwithstanding that the contributions were sent to the recipient by the corporation
or other business entity.
     (i) All contributions of funds shall be by check, money order, or credit card and may be
made over the internet, but in each case the source of the funds must be identified; provided, that
candidates, political action committees, and political party committees may accept contributions in
cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a
calendar year. The cash contribution must be delivered directly by the donor to the candidate, the
campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record
of the name and address of all persons making these cash contributions.
     (j) Except as provided in subsection (h) of this section, no entity other than an individual,
a political action committee which is duly registered and qualified pursuant to the terms of this
chapter, political party committee authorized by this title, or an authorized committee of an elected
official or candidate established pursuant to this chapter shall make any contribution to or any
expenditure on behalf of or in opposition to any candidate, political action committee, or political
party.
     (k) For purposes of the limitations imposed by this section, all contributions made by a
person, either directly or indirectly, on behalf of a particular candidate, including contributions that
are in any way earmarked or otherwise directed through an intermediary or conduit to such
candidate, shall be treated as contributions from such person to such candidate. The intermediary
or conduit shall report the original source and the intended recipient of such contribution to the
board of elections and to the intended recipient, in accordance with regulations and reporting
requirements promulgated by the board of elections.
     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.
     (a) During the period between the appointment of the campaign treasurer for state and
municipal committees and political action committees, or in the case of an individual the date on
which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(23),
except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election
in which case the ninety-day (90) report shall be included as part of the report required to be filed
on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election
pursuant to subdivision subsection (a)(2) of this subsection section, and the election, with respect
to which contributions are received or expenditures made by him or her in behalf of, or in opposition
to, a candidate, the campaign treasurer of a candidate, a political party committee, or a political
action committee shall file a report containing an account of contributions received, and
expenditures made, on behalf of, or in opposition to, a candidate:
     (1) At ninety-day (90) intervals commencing on the date on which the individual first
becomes a candidate, as defined in § 17-25-3(23);
     (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next
preceding the day of the primary, general, or special election; provided, that in the case of a primary
election for a special election where the twenty-eighth (28th) day next preceding the day of the
primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-
14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the
day of the primary election for the special election; and
     (3) A final report on the twenty-eighth (28th) day following the election. The report shall
contain:
     (i) The name and address and place of employment of each person from whom
contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), within
a calendar year were received;
     (ii) The amount contributed by each person;
     (iii) The name and address of each person to whom expenditures in excess of one hundred
dollars ($100) two hundred dollars ($200), were made; and
     (iv) The amount and purpose of each expenditure.
     (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election,
or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or
political action committee, may certify to the board of elections that the campaign fund of the
candidate, political party committee, or political action committee having been instituted for the
purposes of the past election, has completed its business and been dissolved or, in the event that
the committee will continue its activities beyond the election, that its business regarding the past
election has been completed. The certification shall be accompanied by a final accounting of the
campaign fund, or of the transactions relating to the election, including the final disposition of any
balance remaining in the fund at the time of dissolution or the arrangements that have been made
for the discharge of any obligations remaining unpaid at the time of dissolution.
     (c)(1) Once the campaign treasurer certifies that the campaign fund has completed its
business and been dissolved, no contribution that is intended to defray expenditures incurred on
behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that
the campaign treasurer certifies that the campaign fund has completed its business and been
dissolved, the treasurer shall file reports containing an account of contributions received and
expenditures made at ninety-day (90) intervals commencing with the next quarterly report
following the election; however, the time to file under this subsection shall be no later than the last
day of the month following the ninety-day (90) period, except when the last day of the month filing
deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days
before an election, in which case the report shall be filed pursuant to the provisions of subdivisions
subsections (a)(1) and (a)(2) of this section. Provided, however, if the last day of the month falls
on a weekend or a holiday, the report shall be due on the following business day.
     (2) In addition to the reports required pursuant to this section, a candidate or office holder
shall also file with the board of elections a paper copy of the account statement from the office
holder’s campaign account, which account statement shall be the next account statement issued by
their financial institution after the filing of the fourth quarterly campaign expense report. The
account statement shall be submitted to the board within thirty (30) days of its receipt by the
candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed
a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents,
and employees shall not publish, deliver, copy, or disclose, to any person or entity any account
statement or information contained therein for any candidate, former candidate, officeholder, party,
or political action committee. Provided, as to state and municipal political parties, the requirements
of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7.
     (d)(1) There shall be no obligation to file the reports of expenditures required by this
section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of
the candidacy by the candidate, by any political party committee, by any political action committee,
or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand
dollars ($2,000).
     (2) However, even though the aggregate amount expended on behalf of the candidacy does
not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made
listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100)
two hundred dollars ($200) from any one source, within a calendar year. Even though the aggregate
amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) two
thousand dollars ($2,000) and no contribution from any one source, within a calendar year one
hundred dollars ($100) two hundred dollars ($200), the report shall state the aggregate amount of
all contributions received. In addition, the report shall state the amount of aggregate contributions
that were from individuals, the amount from political action committees, and the amount from
political party committees.
     (e) On or before the first date for filing contribution and expenditure reports, the campaign
treasurer may file a sworn statement that the treasurer will accept no contributions nor make
aggregate expenditures in excess of the minimum amounts for which a report is required by this
chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that
campaign, other than the final report due on the twenty-eighth (28th) day following the election.
     (f) A campaign treasurer must file a report containing an account of contributions received
and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section
for any ninety-day (90) period in which the campaign received contributions in excess of a total of
one hundred dollars ($100) two hundred dollars ($200), within a calendar year from any one source
and/or made expenditures in excess of one thousand dollars ($1,000) two thousand dollars ($2,000)
within a calendar year; however, the time to file under this subsection shall be no later than the last
day of the month following the ninety-day (90) period, except when the last day of the month filing
deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days
before an election, in which case the report shall be filed pursuant to the provisions of subdivisions
subsections (a)(1) and (a)(2) of this section. Provided, however, if the last day of the month falls
on a weekend or a holiday, the report shall be due on the following business day.
     (g)(1) The board of elections may, for good cause shown and upon the receipt of a written
or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request
must be received no later than the date upon which the report is due to be filed.
     (2) Any person or entity required to file reports with the board of elections pursuant to this
section and who or that has not filed the report by the required date, unless granted an extension
pursuant to subdivision subsection (g)(1) of this subsection section, shall be fined twenty-five
dollars ($25.00). Notwithstanding any of the provisions of this section, the board of elections shall
have the authority to waive late filing fees for good cause shown.
     (3) The board of elections shall send a notice of non-compliance, by certified mail, to any
person or entity who or that fails to file the reports required by this section. A person or entity who
or that is sent a notice of non-compliance and fails to file the required report within seven (7) days
of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the
notice of non-compliance until the day the report has been received by the state board.
Notwithstanding any of the provisions of this section, the board of elections shall have the authority
to waive late filing fees for good cause shown.
     17-25-19. Public financing of election campaigns — Outlined.
     (a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available
under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates
for general office and primary elections who agree to abide by a limitation on the total amount of
campaign contributions received and expenditures made for election purposes.
     (b) Candidates for general office and primary elections shall be eligible to receive two
dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which
do not exceed an aggregate of five hundred dollars ($500) from a single source within an election
cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds
contributed which exceed an aggregate of five hundred dollars ($500) from a single source within
an election cycle but do not exceed the limitations on aggregate contributions which are eligible to
be matched set in subdivision § 17-25-20(3), subject to the provisions of subdivision § 17-25-20(2).
The total amount of public funds provided to a candidate shall not exceed seven hundred fifty
thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand
dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five
hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand
dollars ($375,000) for candidates for other general offices.
     (c) In order to be eligible for matching public funds, each candidate at the time he or she
becomes a candidate, as defined in subdivision § 17-25-3(23), but no later than 4:00 pm on the last
day for filing declarations of candidacy for general office, must sign a statement under oath
pledging to comply with the limitations on campaign contributions and expenditures and with all
of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement
with his or her declaration for office shall be ineligible to receive public funds.
     17-25-20. Eligibility criteria for matching public funds.
     In order to receive matching public funds under § 17-25-19, a qualifying candidate must
comply with the following requirements:
     (1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging
to comply with the limitations on contributions and expenditures for election purposes and with all
the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for
general office shall be bound to abide by the limitations on contributions and expenditures set forth
in this chapter and may not withdraw from his or her obligation to abide by these restrictions.
     (2)(i) Subject to the provisions of paragraph (ii) of this subdivision subsection (2)(ii) of
this section, no participating candidate shall either receive or expend for election purposes more
than a total of public and private funds in the sum of one million five hundred thousand dollars
($1,500,000) in an election cycle. No participating candidate for general office other than governor
shall receive or expend for election purposes more than a total of public and private funds in the
sum of three hundred seventy-five thousand dollars ($375,000) in an election cycle.
     (ii) The limitations on contributions received from private sources, matching funds
available from the state, and total permitted expenditures shall apply in the 1994 general election
and, subject to appropriations by the general assembly, shall increase by a percentage to be
determined by the board of elections in January of each year in which a general election involving
general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in
the consumer price index since the month in which the previous general election involving general
offices was held.
     (3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary
contributions from a single private source within an election cycle shall be eligible for matching
public funds for candidates for governor; provided, that the entire amount contributed shall be
considered toward the dollar limits provided in subdivision subsection (2) of this section.
     (ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary
contributions from a single private source within an election cycle shall be eligible for matching
public funds for candidates for lieutenant governor, secretary of state, attorney general, and general
treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits
provided for in subdivision subsection (2) of this section.
     (iii) Any private funds lawfully contributed during the current election cycle shall be
eligible for matching public funds subject to the terms and conditions of this section, and private
funds donated during a preceding election cycle shall not be eligible for matching public funds.
     (4) The direct costs incurred in connection with raising campaign funds on behalf of a
candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures
set forth in subdivision subsection (2) of this section. Direct costs shall include costs of printing
and mailing invitations to fundraising events, solicitations for contributions, costs of hosting
fundraising events, and travel to those events, but shall not include any portion of the salary or
wages of campaign employees, nor the cost of any radio, television,
computer/Internetinternet/electronic device, or printed advertisement. The cost of a fundraising
event must be less than the amount of money realized from the gross proceeds generated by the
fundraising event in order to qualify for this exclusion.
     (5) If a candidate who has accepted public funds makes expenditures in excess of the
permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an
amount equal to three (3) times the amount of excess funds expended. In addition, the candidate
shall be ineligible for further participation in the public financing program during the same election
cycle.
     (6) In order to receive payments under this section, any candidate for general office shall
first meet the following additional minimum requirements:
     (i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the
total amount eligible to be matched for election as to the office sought;
     (ii) Receive private contributions from a minimum of two hundred fifty (250) individuals
contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive
private contributions from a minimum of one hundred (100) individuals contributing at least
twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney
general, and general treasurer; and
     (iii) Comply with any and all applicable nomination provisions in this title and qualify for
the general election ballot pursuant to the process set forth in this title; and
     (iv) Have no outstanding fines owed to the board of elections.
     (7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this
chapter and no private funds used to qualify for the public funds shall be expended by the candidate
for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s
campaign.
     (8) No public funds shall be expended by the candidate, except for one or more of the
following uses directly related to the campaign of the candidate:
     (i) Purchase of time on radio or television stations; provided, however, the content of all
television time shall include captioning for the deaf and hard of hearing and the content of all radio
time must be available in a written or text format at the time of request;
     (ii) Purchase of rental space on outdoor signs or billboards;
     (iii) Purchase of advertising space on the computer/Internetinternet/electronic device and
in newspapers and regularly published magazines and periodicals;
     (iv) Payment of the cost of producing the material aired or displayed on radio, television,
outdoor signs or billboards, and computer/Internetinternet/electronic device and in newspapers,
regularly published magazines, and periodicals;
     (v) Payment of the cost of printing and mailing campaign literature and brochures;
     (vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign
paraphernalia;
     (vii) Payment of the cost of legal and accounting expenses incurred in complying with the
public financing law and regulations as required by this chapter;
     (viii) Payment of the cost of telephone deposits, installation charges, and monthly billings
in excess of deposits;
     (ix) Payment of the costs of public opinion polls and surveys; and
     (x) Payment of rent, utilities and associated expenses connected with the operation of an
election headquarters or satellite election offices.
     (9) Contributions received and expended by any candidate for the purpose of defraying any
expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in
furtherance of his or her the candidate’s candidacy in a previous election cycle, as defined in
subdivision § 17-25-3(711), shall not be counted toward any contribution or expenditure limitation
in §§ 17-25-18 — 17-25-27.
     (10) No candidate who has elected to receive public funds shall contribute to or loan to his
or her the candidate’s own campaign a sum in excess of five percent (5%) of the total amount that
a candidate is permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-
21.
     17-25-21. Primary elections.
     Any candidate eligible to receive public funds and electing to receive these funds who is
challenged for nomination for general office in a political party primary shall be permitted to raise
and expend an additional amount of private funds equal to one-third (⅓) of the maximum allowable
expenditure amount for the office or equal to the total amount spent by the candidates’ opponent
or opponents in the primary, whichever amount is less. The additional amount received in
contributions must be expended prior to the primary election. The additional private contributions
shall not be eligible for matching public funds. Any candidate eligible to receive public funds and
electing to receive these funds may use public funds made available pursuant to this chapter for
any allowable expense, as defined in § 17-25-20, to seek party nomination for general office.
     17-25-22. Time period for payment of public funds.
     (a) No public funds shall be dispersed to candidates until after the date of the primary
election. In order to receive matching public funds, the candidate must be a candidate for general
office who meets all of the requirements set forth in subdivision § 17-25-20(6). The candidate must
submit to the board of elections proof of receipt of qualifying private contributions and supporting
documentation as required by the board. The board of elections shall, within five (5) business days
of the receipt of the request for payment of matching funds, either pay over funds to the candidate
or disallow all or a portion of the request and state in writing the reasons for the disallowance.
     (b) A candidate may submit supplemental applications for public funds until the time that
the permitted limits are reached.
     SECTION 2. This act shall take effect on January 1, 2024.
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LC001869/SUB A/3
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