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.)
