Bill Text: HI SB997 | 2023 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-16 - The committee on JDC deferred the measure. [SB997 Detail]
Download: Hawaii-2023-SB997-Introduced.html
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THE SENATE |
S.B. NO. |
997 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§11-A Identification of certain top
contributors. (a) Except as otherwise provided by this
section, any expenditure for a communication funded by a noncandidate committee
or created through any in-kind contribution received by a noncandidate
committee shall include a notice that includes:
(l) Any information required by section 11-391; and
(2) For any communication that has:
(A) A visual component, the communication
shall clearly and conspicuously display the names of the top three donors who
directly or indirectly donated $10,000 or more in original funds during the
two-year election period to the noncandidate committee. This written notice shall start with the
words, "The three top contributors who helped pay for this message are",
followed by the names of the three top contributors as determined under
subsection (d); and
(B) An audio component, the
communication shall clearly and conspicuously state the names of the top three
donors who directly or indirectly donated $10,000 or more in original funds
during the two-year election period to the noncandidate committee. This audio notice shall start with the words, "The
three top contributors who helped pay for this message are", followed by
the names of the three top contributors as determined under subsection (d).
(b) For communications
disseminated electronically and for which it is technologically impossible to
include all of the information required by this section in a clear and
conspicuous manner, the communication shall:
(1) State the name of the person that paid for
the communication; and
(2) Include an active link for the
recipient of the digital communication to immediately view the remainder of the
information required under this section with minimal effort and without
receiving or viewing any additional material other than the required
information.
(c) A communication disseminated
by electronic means does not clearly and conspicuously state or display the
information required under this section if it is difficult to read or hear or
if its placement is easily overlooked. The
notice in a communication disseminated electronically is made clearly and
conspicuously if the notice meets the following requirements:
(1) In the case of a text or graphic
communication, the notice:
(A) Appears in letters at least as large
as the majority of the text in the communication;
(B) Is contained in a printed box set
apart from the other contents of the communication; and
(C) Is printed with a reasonable degree
of color contrast between the background and the printed notice;
(2) In the case of an audio
communication, the notice is spoken in a clearly audible and intelligible
manner at the beginning or end of the communication and lasts at least four
seconds; and
(3) In the case of a video communication
that also includes audio, the notice:
(A) Is included at either the beginning
or the end of the communication; and
(B) Is made both in a written format
that meets the requirements of paragraph (1) and appears for at least four
seconds, and in an audible format that meets the requirements of paragraph (2).
In the case of any other type of
communication, the notice is at least as clear and conspicuous as required for a notice
under this section. In the case of a
video communication that is shorter than ten seconds, the audible portion of
the notice may be omitted.
(d) For the purposes of
determining the persons that are the top three contributors:
(1) The top three contributors shall be
determined by calculating the three contributors of traceable funds that have
directly or indirectly contributed to the noncandidate committee the highest
amounts of original funds during the two-year election period;
(2) Contributions of traceable funds
made in prior two-year election periods shall be considered to have been
contributed in the current two-year election period if the contributor's
aggregate contributions of original funds to the noncandidate committee
constituted the majority of the noncandidate committee's traceable funds at the
beginning of the two-year election period;
(3) If multiple contributors have
contributed identical amounts to a noncandidate committee so that there is no
difference in the amounts contributed by the third–highest contributor and the
fourth-highest or lower-level contributor, the contributor that most recently
contributed to the noncandidate committee shall be deemed a top three
contributor;
(4) No contributor of traceable funds
shall be deemed a top three contributor if the aggregate amount of the
contributor's contributions of original funds to the noncandidate committee
during the two-year election period is less than $10,000; and
(5) To the extent that fewer than three
contributors meet the $10,000 threshold, an intermediary that directly or
indirectly transferred at least $10,000 in traceable funds to the noncandidate
committee during the two-year election period shall be treated as the original
source of funds for the purposes of the notice required by this section.
§11-B
Structured transactions; prohibited.
No person shall structure or
assist in structuring, or attempt to structure or assist in structuring, any
solicitation, contribution, expenditure, disbursement, or other transaction to
evade the requirements of this chapter.
§11-C Penalties. Any person who violates this subpart, any rule adopted by the commission, or the reporting requirements under section 11-335(b)(8) or section 11-341(b)(9), shall pay an administrative fine in an amount not less than the amount contributed or spent in violation of this subpart or the reporting requirements, nor more than twice the amount contributed or spent in violation of this subpart or the reporting requirements; provided that if the amount contributed or spent in violation of this subpart or the reporting requirements was less than $5,000, the maximum fine shall be $10,000."
SECTION 2. Section 11-302, Hawaii Revised Statutes, is amended as follows:
1. By adding seven new definitions to be appropriately inserted and to read:
""Business
income" means:
(1) Funds received by a person in
commercial transactions in the ordinary course of the person's regular trade,
business, or investments; or
(2) Membership or union dues to the
extent that they do not exceed $5,000 from any person in a calendar year.
"Identity"
means:
(1) In the case of an individual, the
name, address, occupation, and employer of the individual; or
(2) In the case of a person other than
an individual, the full name, address, federal tax status, and state in which
the person is registered as a partnership, incorporated, or organized as a
limited liability company, if applicable.
"Noncandidate
committee making only independent expenditures" means a noncandidate
committee that makes independent expenditures and does not:
(1) Make contributions to any candidate,
candidate committee, or noncandidate committee, other than contributions to
another noncandidate committee making only independent expenditures or to a
ballot issue committee; or
(2) Engage in coordinated activity, as
defined in section 11-363, other than coordinated activity with another
noncandidate committee making only independent expenditures or with a ballot
issue committee.
"Original
funds" means the business income of a person or an individual's own funds.
"Own
funds" means:
(l) Any asset over which an individual
had legal control and rightful title at the time the individual made
expenditures or transferred funds to another person for that spending;
(2) Income received by an individual,
including:
(A) Any salary or other earned income
from bona fide employment;
(B) Dividends and proceeds from the
individual's personal investments; and
(C) Bequests to the individual,
including income from trusts established by bequests; and
(3) Of the assets that are jointly owned
by the individual and the individual's spouse, the portion that is:
(A) Equal to the individual's share of
the asset under the instrument of conveyance or ownership; or
(B) The value of one-half of the
property, if no specific share is indicated by an instrument of conveyance or
ownership.
"Own
funds" does not include any asset or income received from any person for
the purpose of influencing any election.
"Traceable
funds" means funds that:
(1) Have been given to a noncandidate
committee making only independent expenditures and over which the donor has not
exercised the option to exclude from the use or transfer of funds for
independent expenditures; or
(2) Are used to finance in-kind
contributions to a noncandidate committee making only independent expenditures
to enable independent expenditures.
"Transfer record" means a written record of identity of the persons who directly or indirectly contributed or transferred original funds used for independent expenditures, the amounts of those contributions or transfers, and how those funds are disbursed."
2. By amending the definitions of "donation" and donor" to read:
""Donation"
means all transfers of money, credit or debit card transactions, online
payments, payments made through a third party, paid personal services, or
transfers of any other thing of value [to a nonprofit organization.] other than through commercial
transactions in the ordinary course of business.
"Donor"
means a person that makes a donation to a [nonprofit organization subject to
this chapter and operating as a] noncandidate committee."
3. By amending the definition of
"electioneering communication" to read:
""Electioneering communication":
(1) Means any paid advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail, and that:
(A) Refers to a clearly identifiable
candidate;
(B) Is made, or scheduled to be made,
either within thirty days before a primary or initial special election or
within sixty days before a general or special election[;] for the
office sought by the candidate; and
(C) Is [not susceptible to any
reasonable interpretation other than as an appeal to vote for or against a
specific candidate;] disseminated in the jurisdiction where the
candidate's election is taking place; and
(2) Shall not include communications:
(A) In a news story or editorial disseminated by any broadcast station, publisher of periodicals or newspapers, or by electronic means, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;
(B) In house bulletins; or
(C) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person or organization sponsoring the debate or forum."
4. By amending the definition of "expenditure" to read:
""Expenditure" means:
(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:
(A) Influencing the nomination for
election, or the election, of any person seeking nomination for election or
election to office, whether or not the person has filed the person's nomination
papers[;] including:
(i) Communications or activities that
constitute express advocacy or the functional equivalent of express advocacy;
(ii) Communications that advocate or
support the nomination, opposition, or election of a candidate, regardless of
whether the communication expressly advocates the election or defeat of a
candidate; and
(iii) Partisan voter activity, partisan voter registration, partisan get-out-the-vote activity, or other partisan campaign-related activity;
(B) Influencing the outcome of any question
or issue that has been certified to appear on the ballot at the next applicable
election[; or], including communications that advocate the passage or
defeat of an issue or question on the ballot;
(C) Use by any party for the purposes set
out in subparagraph (A) or (B); or
(D) Research, design, production,
polling, data analytics, mailing or social media list acquisition, or other
activities conducted in preparation for or conjunction with communications or
activities described in this paragraph.
(2) Any payment, by any person other than a
candidate, candidate committee, or noncandidate committee, of compensation for
the services of another person that are rendered to the candidate, candidate
committee, or noncandidate committee for any of the purposes mentioned in
paragraph (1)[(A)]; provided that payment under this paragraph shall
include provision of services without charge; or
(3) The expenditure by a candidate of the
candidate's own funds for the purposes set out in [paragraph] paragraphs
(1)(A)[.] and (D) regarding the candidate's own election.
"Expenditure" does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) Voter registration efforts that are nonpartisan; or
(3) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services;
provided that the internet activity exclusion does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an electronic address list made at the direction of a candidate committee or noncandidate committee; or an electronic mail address list that is transferred to a candidate committee or noncandidate committee."
5. By amended the definition of "independent expenditure" to read:
""Independent
expenditure" means an expenditure by a person [expressly advocating the
election or defeat of a clearly identified candidate] that is not made in
concert or cooperation with or at the request or suggestion of the candidate,
the candidate committee, a party, or their agents."
SECTION 3. Section 11-335, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Schedules filed with the reports shall include the following additional information:
(1) The amount and date of deposit of each
contribution received and the name, address, occupation, and employer of each
contributor making a contribution aggregating more than $100 during an election
period, which was not previously reported pursuant to this section; provided
that if[:
(A) All] all the information
is not on file, the contribution shall be returned to the contributor within
thirty days of deposit; [and
(B) A noncandidate committee making only
independent expenditures receives a contribution of more than
$10,000 in the aggregate in an election period from an entity other than an
individual, for-profit business entity, or labor union, then the schedule shall
include:
(i) The internet address where the
contributing entity's disclosure report can be publicly accessed, if the
contributing entity is subject to state or federal disclosure reporting
requirements regarding the source of the contributing entity's funds;
(ii) The name, address, occupation, and
employer of each funding source that contributed $100 or more in the aggregate
in an election period to that contributing entity; or
(iii) An acknowledgment that the
contributing entity is not subject to any state or federal disclosure reporting
requirements regarding the source of the contributing entity's funds;]
(2) The amount and date of each contribution made and the name and address of the candidate, candidate committee, or noncandidate committee to which the contribution was made;
(3) All expenditures, including the [name
and address] identity of each payee, including any subvendors,
and the amount, date, and purpose of each expenditure; provided that:
(A) Expenditures for advertisements or disbursements for electioneering communications shall include the names of the candidates supported, opposed, or clearly identified;
(B) Expenditures for consultants, advertising agencies and similar firms, credit card payments, and salaries shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(C) Independent expenditures shall include the name of any candidate supported, opposed, or clearly identified; and
(D) The purpose of an independent expenditure shall include the name of the candidate who is supported or opposed by the expenditure, and whether the expenditure supports or opposes the candidate;
(4) For noncandidate committees making only
independent expenditures, certification that no expenditures have been
coordinated with a candidate, candidate committee, [or] any agent of a
candidate or candidate committee[;], a noncandidate committee other
than a noncandidate committee making only independent expenditures or a ballot
issue committee, or an agent of a noncandidate committee other than a
noncandidate committee making only independent expenditures or a ballot issue
committee;
(5) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset;
(7) The date of disposition of a durable asset, value at the time of disposition, method of disposition, and name and address of the person receiving the asset; and
(8) For
[donations received by a nonprofit organization subject to this chapter and
operating as] a noncandidate committee, all of the following:
(A) The
total amount of traceable funds owned or controlled by the noncandidate
committee on the date of the report;
(B) Each
contributor of original funds that has directly or indirectly contributed more
than $5,000 of traceable funds or funds used to enable in-kind contributions
during the two-year election period to the noncandidate committee, and the amount and date of
deposit of each [donation received and the name and address of each donor
making a donation individually or aggregating more than $10,000 during an
election period, which was not previously reported pursuant to this section;
provided that a schedule filed pursuant to this section shall not include a
donor if the donor has not provided consent pursuant to section 11-345.]
of the contributor's contributions;
(C) The identity of each person that
acted as an intermediary and that transferred traceable funds in whole or in
part from an original source to the noncandidate committee, and the date,
amount, and original and intermediate sources of the transferred funds; and
(D) The identity of any person that was the contributor of the majority of the traceable funds in the noncandidate committee's custody at the beginning of the two-year election period."
SECTION 4. Section 11-338, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The late contribution report shall include
the following information:
(1) Name, address, occupation, and employer of the contributor;
(2) Name of the candidate, candidate
committee, or noncandidate committee making or receiving the contribution; [provided
that, for noncandidate committees making only independent expenditures, if a
late contribution greater than $5,000 in the aggregate is received from an
entity other than an individual, for-profit business entity, or labor union,
then the report shall include:
(A) The internet address where the
contributing entity's disclosure report can be publicly accessed, if the
contributing entity is subject to any state or federal disclosure reporting
requirements regarding the source of the contributing entity's funds;
(B) The name, address, occupation, and
employer of each funding source of more than $100 in the aggregate to that
contributing entity; or
(C) An acknowledgment that the
contributing entity is not subject to any state or federal disclosure reporting
requirements regarding the source of the contributing entity's funds;]
(3) The amount of the contribution received;
(4) The amount of the contribution made;
(5) The contributor's aggregate
contributions to the candidate, candidate committee, or noncandidate committee;
and
(6) The purpose, if any, to which the
contribution will be applied, including, for contributions to a noncandidate committee,
the name of any candidate supported, opposed, or clearly identified[; and
(7) For a nonprofit organization filing
a late contribution report, the amount and date of deposit of each donation
received and the name and address of each donor making a donation individually
or aggregating more than $10,000 during an election period, which was not
previously reported pursuant to section 11-335; provided that a schedule filed
pursuant to this section shall not include a donor if the donor has not provided
consent pursuant to section 11-345].
(c) A noncandidate committee that makes independent expenditures in an aggregate amount of more than $500 within the period between fourteen and four calendar days prior to any election shall file a late expenditure report by means of the commission's electronic filing system on or before the third calendar day prior to the election. The late expenditure report shall include the following information for each expenditure:
(1) The amount and date made;
(2) The vendor name, address, and contact
information; [and]
(3) The purpose, including the name of any
candidate supported, opposed, or clearly identified by the expenditure[.];
and
(4) For a noncandidate committee, information regarding original sources of funds."
SECTION 5. Section 11-341, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Each person who makes [an expenditure]
a disbursement for electioneering communications in an aggregate amount
of more than [$1,000] $2,000 during any calendar year shall file
with the commission a statement of information within twenty-four hours of each
disclosure date provided in this section.
(b) Each statement of information shall contain the following:
(1) The name of the person making the [expenditure,]
disbursement, name of any person or entity sharing or exercising
discretion or control over the person, and the custodian of the books and
accounts of the person making the [expenditure;] disbursement;
(2) The names and titles of the executives
or board of directors who authorized the [expenditure,] disbursement,
if the [expenditure] disbursement was made by a noncandidate
committee, business entity, or an organization;
(3) The state of incorporation or formation
and principal address of the noncandidate committee, business entity, or
organization or for an individual, the name, address, occupation, and employer
of the individual making the [expenditure;] disbursement;
(4) The amount of each [expenditure]
disbursement during the period covered by the statement of information
and the identification of the person to whom the [expenditure] disbursement
was made;
(5) The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;
(6) If the [expenditures] disbursement
were made by a noncandidate committee, the names and addresses of all persons
who contributed to the noncandidate committee for the purpose of publishing or
broadcasting the electioneering communications;
(7) If the [expenditures] disbursement
were made by an organization other than a noncandidate committee, the names and
addresses of all persons who contributed to the organization for the purpose of
publishing or broadcasting the electioneering communications;
(9)] (8) Whether any electioneering
communication is made in coordination, cooperation, or concert with or at the
request or suggestion of any candidate, candidate committee, or noncandidate
committee, or agent of any candidate if any, and if so, the identification of
the candidate, candidate committee, or noncandidate committee, or agent
involved; and
[(10)] (9) The three top contributors as required
under section [11-393,] 11-A if applicable."
2. By amending subsection (e) to read:
"(e) For purposes of this section, a person shall
be treated as having made [an expenditure] a disbursement if the
person has executed a contract to make the [expenditure.] disbursement."
SECTION 6. Section 11-345, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-345[]]
Donors; consent; notice. (a) A [nonprofit
organization subject to this chapter and operating as a] noncandidate
committee [may use a donation for electioneering
communications, independent expenditures, or contributions only upon receipt of
written consent from the donor to use the donation for electioneering
communications, independent expenditures, or contributions.] making only
independent expenditures and that spends more than $10,000 in a two-year
election period or accepts more than $10,000 of in-kind contributions in a
two-year election period shall maintain transfer records.
(b) A [nonprofit
organization subject to this chapter and operating as a] noncandidate
committee subject to subsection (a) shall provide written notice to
donors that the donor's donations may be used for independent expenditures
in the State and that the donor's name, [and] address, and
other information may be reported pursuant to this chapter in a public
document [if the donor provides written consent to use the
donation for electioneering communications, independent expenditures, or
contributions]. The notice
may be provided before, after, or at the same time the noncandidate committee
receives the donation and shall inform the donor that the donor may exclude the
donation from the intended use or transfer for independent expenditures or
electioneering communications by providing a written request within twenty-one
days after the donor's receipt of the notice. The donor's donations shall not
be used or transferred for independent expenditures or electioneering
communications until the twenty-second day after the donor receives the notice
or after the donor provides written consent for the intended use or transfer,
whichever occurs first.
(c) If the donor [fails to
provide written consent that the donation may be used for electioneering
communications,] notifies the noncandidate committee that the donation
must be excluded from use or transfer by the committee for independent
expenditures, or [contributions,] electioneering communications,
the [nonprofit organization] noncandidate committee shall, within
thirty days of receipt of the donation, transmit to the donor a written [confirmation
by the nonprofit organization's highest ranking official that the donation will
not be used for electioneering communications, independent expenditures, or
contributions; and the name and address of the donor will not be reported by
the nonprofit organization pursuant to this chapter.] receipt
acknowledging the donor's decision to exclude the donation from that spending.
(d) [Only a nonprofit
organization subject to this chapter and operating as a noncandidate committee
shall be subject to the reporting requirements of this section.] Any person that contributes at
least $10,000 in the aggregate in traceable funds in a two-year election period
to a noncandidate committee subject to subsection (a) shall inform the
noncandidate committee, within ten days of receiving a written request from the
noncandidate committee, of the identity of any person that directly or
indirectly contributed at least $1,000 in original funds transferred, the
amounts of the person's original funds transferred, and any person that
previously transferred the original funds. If more than one transfer has previously
occurred, the contributor shall disclose all the previous transfers and
intermediaries. The contributor shall
maintain these records for at least five years and shall provide them to the
commission upon request.
(e)
Any person that makes an in-kind
contribution to a noncandidate committee subject to subsection (a) of at least
$10,000 in a two-year election period to enable independent expenditures shall
inform the noncandidate committee, at the time the in-kind contribution is made
or promised to be made, of the identity of any person that directly or
indirectly contributed or provided at least $1,000 in original funds to finance
the in-kind contribution, the amounts of funds used from each person's original
funds, and any person who had previously transferred the original funds. If more than one transfer previously occurred,
the in-kind contributor shall disclose all the previous transfers and
intermediaries. The in-kind contributor
shall maintain these records for at least five years and shall provide them to
the commission upon request.
(f) A noncandidate committee subject to subsection (a) that is required to file a late expenditure report under section 11-338 shall include the information required to be reported pursuant to section 11-335(b)(8); provided that such information is updated as of the date of the late expenditure report."
SECTION 7. Section 11-391, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any paid advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall:
(1) Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement;
(2) Contain a notice in a prominent location stating either that:
(A) The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or
(B) The advertisement has not been approved by the candidate; and
(3) Not contain false information about the time, date, place, or means of voting."
SECTION 8. Section 11-393, Hawaii Revised Statutes, is repealed.
["§11-393
Identification of certain top contributors to noncandidate committees
making only independent expenditures. (a) An advertisement shall contain an additional
notice in a prominent location immediately after or below the notices required
by section 11-391, if the advertisement is broadcast, televised, circulated, or
published, including by electronic means, and is paid for by a noncandidate
committee that certifies to the commission that it makes only independent
expenditures. This additional notice
shall start with the words, "The three top contributors for this
advertisement are", followed by the names of the three top contributors,
as defined in subsection (e), who made the highest aggregate contributions to
the noncandidate committee for the purpose of funding the advertisement;
provided that:
(1) If a noncandidate committee is only
able to identify two top contributors who made contributions for the purpose of
funding the advertisement, the additional notice shall start with the words,
"The two top contributors for this advertisement are", followed by
the names of the two top contributors;
(2) If a noncandidate committee is able
to identify only one top contributor who made contributions for the purpose of
funding the advertisement, the additional notice shall start with the words,
"The top contributor for this advertisement is", followed by the name
of the top contributor;
(3) If a noncandidate committee is
unable to identify any top contributors who made contributions for the purpose
of funding the advertisement, the additional notice shall start with the words,
"The three top contributors for this noncandidate committee are",
followed by the names of the three top contributors who made the highest
aggregate contributions to the noncandidate committee; and
(4) If there are no top contributors to
the noncandidate committee, the noncandidate committee shall not be subject to
this section.
In no
case shall a noncandidate committee be required to identify more than three top
contributors pursuant to this section.
(b) If a noncandidate committee has more than
three top contributors who contributed in equal amounts, the noncandidate
committee may select which of the top contributors to identify in the
advertisement; provided that the top contributors not identified in the
advertisement did not make a higher aggregate contribution than those top
contributors who are identified in the advertisement. The additional notice required for noncandidate
committees described under this subsection shall start with the words
"Three of the top contributors for this advertisement are" or
"Three of the top contributors to this noncandidate committee are",
as appropriate, followed by the names of the three top contributors.
(c) This section shall not apply to
advertisements broadcast by radio or television of such short duration that
including a list of top contributors in the advertisement would constitute a
hardship to the noncandidate committee paying for the advertisement. A noncandidate committee shall be subject to
all other requirements under this part regardless of whether a hardship exists
pursuant to this subsection. The
commission shall adopt rules pursuant to chapter 91 to establish criteria to
determine when including a list of top contributors in an advertisement of
short duration constitutes a hardship to a noncandidate committee under this
subsection.
(d) Any noncandidate committee that violates this
section shall be subject to a fine under section 11-410.
(e) For purposes of this section, "top
contributor" means a contributor who has contributed an aggregate amount
of $10,000 or more to a noncandidate committee within a twelve-month period
before the purchase of an advertisement."]
SECTION 9. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 10. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect upon its approval.
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Report Title:
Elections; Top Contributors; Donors; Noncandidate Committee; Identification
Description:
Requires notice and identification of certain top donors who contributed to a noncandidate committee. Changes the requirement of certain information from the schedules filed with the noncandidate committee reports. Removes certain information required for the late contribution report. Increases the amount of disbursement for electioneering communication that is required to be disclosed. Requires noncandidate committees that make only independent expenditures and spend over $10,000 to maintain transfer records and provide certain notice to donors. Repeals the top contribution identification requirement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
