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§17-25-11  Dates for filing of reports by treasurers of candidates or of committees. [Effective until January 1, 2016.]. –


Published: 2015

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TITLE 17

Elections

CHAPTER 17-25

Rhode Island Campaign Contributions and Expenditures Reporting

SECTION 17-25-11



   § 17-25-11  Dates for filing of reports by

treasurers of candidates or of committees. [Effective until January 1,

2016.]. –

(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(2), except when the ninety

(90) day reporting period ends less than forty (40) days prior to an election,

in which case the ninety (90) day 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 (2) of

this subsection, 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 (90) day intervals commencing on the date on

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



   (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) 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) 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; and 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 which have been made for the

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



   (c) Once the campaign treasurer certifies that the campaign

fund has completed its business and been dissolved, no contribution which 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 (90) day 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 (90) day period, except when the last day of the

month filing deadline following the ninety (90) day 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 (a)(1) and (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.



   (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).



   (2) However, even though the aggregate amount expended on

behalf of the candidacy does not exceed one thousand dollars ($1,000), reports

must be made listing the source and amounts of all contributions in excess of a

total of one hundred dollars ($100) 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) and no contribution from any one source

within a calendar year exceeds one hundred dollars ($100), 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 (90) day

intervals provided for in subsection (c) of this section for any ninety (90)

day period in which the campaign received contributions in excess of a total of

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

made expenditures in excess of one thousand dollars ($1,000) 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 (90) day period, except when the

last day of the month filing deadline following the ninety (90) day 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

(a)(1) and (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 (7) day

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 has not filed the report by

the required date, unless granted an extension pursuant to subdivision (1) of

this subsection, 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 fails to file

the reports required by this section. A person or entity who 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.



History of Section.

(P.L. 1974, ch. 298, § 1; P.L. 1981, ch. 188, § 1; P.L. 1982, ch.

347, § 1; P.L. 1984, ch. 2, § 1; P.L. 1990, ch. 33, § 1; P.L.

1992, ch. 21, § 1; P.L. 1998, ch. 263, § 1; P.L. 1999, ch. 284,

§ 1; P.L. 2001, ch. 176, § 2; P.L. 2006, ch. 174, § 1; P.L.

2006, ch. 292, § 1; P.L. 2007, ch. 299, § 1.)