§ 7-6-207 — Reports of contributions - Candidates for state or district office

Arkansas § 7-6-207

• Jurisdiction: Arkansas
• Title: 7

Text

(a) Reports Required. (1) Except as provided in subsections (c) and (e) of this section, each candidate for state or district office, including a district judge, or a person acting in the candidate's behalf, shall file with the Secretary of State: (A) For each quarter during a calendar year in which a candidate is not listed on any ballot for election, a quarterly report of all contributions received and expenditures made during that quarter. The quarterly report shall be filed no later than fifteen (15) days after the end of each quarter; (B) Beginning with the month of January of a calendar year in which a candidate may be listed on any ballot for election, a monthly report of all contributions received and expenditures made during that month. However, for any month in which certain days of that month are included in a preelection report required under subdivision (a)(1)(C) of this section or a final report required under subdivision (a)(1)(D) of this section, no monthly report for that month shall be due. In the case of a primary or runoff election, those days of the month occurring after the date of the election shall be carried forward and included in the next monthly report. The monthly report shall be filed no later than twenty (20) days after the end of each month, except that the final report, covering the month during which an election is held, shall be filed within thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination and after the end of the month in which the general election is held. With respect to a special election, the candidate shall file monthly reports under this section beginning with the month in which the special election candidate's total campaign contributions or expenditures exceed five hundred dollars ($500); (C) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, a preelection report of all contributions received and expenditures made between the period covered by the previous report and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election; (D) (i) No later than the last day of the month after the end of the month in which the candidate's name has appeared on the ballot in any primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, a final report of all contributions received and expenditures made for that election which have not been disclosed on reports previously required to be filed. (ii) A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500); (E) (i) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. (ii) If a candidate withdraws from the campaign, the candidate shall notify the Secretary of State in writing of the withdrawal; and (F) (i) If a candidate keeps remaining campaign funds after an election, but does not have any activity before the end of the year, the candidate shall not be required to file a fourth quarter report. (ii) If a candidate keeps remaining campaign funds and raises campaign funds for a future campaign, or expends campaign funds for office holder expenses or a future election, the candidate shall continue filing the reports required by this subsection. (2) Upon receiving the first report from any candidate, or upon receipt of the candidate's notice of filing for office, the Secretary of State shall provide the candidate with information on the deadlines for filing remaining quarterly, monthly, and preelection reports and shall furnish each candidate with the appropriate instructions for complying with the deadlines. (3) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due. (b) Contents of Reports. (1) The contribution and expenditure reports required by subsection (a) of this section shall indicate: (A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle; (B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200); (C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election; (D) The name and address of each person, including the candidate, who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (E) An itemization of all single expenditures made that exceed one hundred dollars ($100), including the: (i) Amount of the expenditure; (ii) Name and address of any person, including the candidate, to whom the expenditure was made; and (iii) Date the expenditure was made; (F) A list of all paid campaign workers and the amount the workers were paid; (G) A list of all expenditures by categories, including, but not limited to: (i) Television, radio, print, or other advertising; (ii) Direct mail; (iii) Office supplies; (iv) Rent; (v) Travel; (vi) Expenses; (vii) Entertainment; and (viii) Telephone; (H) The total amount of all nonitemized expenditures made during the filing period; (I) A list of all disbursements made under § 7-6-203(g)(1) ; and (J) The current balance of campaign funds. (2) (A) If a candidate's campaign has ended and the candidate does not retain remaining campaign funds, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of campaign funds. (B) If a candidate's campaign has ended and the candidate is retaining remaining campaign funds, the final report shall also indicate the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed]. (C) If the candidate's campaign has not ended, disposal of campaign funds shall not be required and the candidate may carry forward any remaining campaign funds to the general primary election, general election, or general runoff election for that same office. (c) Reports Not Required. (1) The candidate or any person acting in the candidate's behalf shall comply with the filings required by this section beginning with the first reporting period, either quarterly, monthly, or preelection, in which his or her total contributions or expenditures exceed five hundred dollars ($500). A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any reports required under this section other than the final report required under subdivision (a)(1)(D) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure. (2) The preelection reports referenced in subdivision (a)(1)(C) of this section are only required for candidates with opponents in those elections. (3) An unopposed candidate for an office described in subdivision (a)(1) of this section or any person acting in the unopposed candidate's behalf shall not be required to file the ten-day preelection report required by subdivision (a)(1)(C) of this section. (d) Filings and Public Inspection. (1) (A) (i) The Secretary of State shall establish a filing system for reports filed under this section. (ii) The reports shall be kept for eight (8) years from the date of filing, catalogued by candidate in chronological order, and made available for public inspection. (iii) For eight (8) years after the reports are filed under this section, the Secretary of State is the official custodian of those records. (B) (i) After the eight-year period, the Secretary of State shall turn the reports over to the Arkansas State Archives for maintenance and continued public inspection. (ii) After the eight-year period, the Arkansas State Archives is the official custodian of the records of the reports filed under this section. (C) (i) The campaign contribution and expenditure reports filed with the Secretary of State under this section shall be filed in electronic form through the official website of the Secretary of State. (ii) The Arkansas Ethics Commission shall approve the format used by the Secretary of State for the filing of campaign contribution and expenditure reports in electronic form under subdivision (d)(1)(C)(i) of this section to ensure that all required information is requested. (iii) The official website of the Secretary of State shall allow for searches of campaign contribution and expenditure report information filed in electronic form under subdivision (d)(1)(C)(i) of this section. (iv) The electronic format used for the filing of campaign contribution and expenditure reports on the official website of the Secretary of State shall aggregate total campaign contributions by a contributor to determine if they collectively reach the limitation for lawful campaign contributions under this subchapter. (2) The Secretary of State shall furnish to the commission, no later than thirty (30) days after each filing deadline under this section, a report listing the names of all candidates who have filed for office, the type of report filed by each candidate, and the date the report was received by the Secretary of State. (e) Reports by Candidates Who Have Filed for Elective Office. If a candidate files for office during the party filing period, for the quarter including the party filing period, the candidate shall: (1) File monthly reports under subdivision (a)(1)(B) of this section for the months of the quarter that includes the party filing period; and (2) Not file a quarterly report under subdivision (a)(1)(A) of this section for the quarter that includes the party filing period. (f) (1) For each financial institution the candidate and committee working on the candidate's behalf use for the purposes of receiving contributions or making expenditures within this state, the following information shall be submitted to the Secretary of State with the initial report filed under this section: (A) The full name of the financial institution; and (B) For the financial institution, the: (i) Street address; (ii) City; (iii) State; and (iv) United States postal zip code of the financial institution. (2) The information disclosed under subdivision (f)(1) of this section: (A) Shall be made available to the commission upon request; (B) Is not a public record; and (C) Is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Legislative History

Amended by Act 2023, No. 753,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 753,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 753,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 85,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 85,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 737,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 737,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 737,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 254,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 240,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 240,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 318,§ 3, eff. 10/1/2017. Amended by Act 2017, No. 318,§ 2, eff. 10/1/2017. Amended by Act 2017, No. 721,§ 5, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 95, eff. 7/1/2016. Amended by Act 2016EX3, No. 2,§ 95, eff. 7/1/2016. Amended by Act 2015EX1, No. 1,§ 2, eff. 7/22/2015. Amended by Act 2015EX1, No. 1,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 999,§ 1, eff. 4/2/2015. Amended by Act 2013, No. 382,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 382,§ 2, eff. 8/16/2013. Acts 1975, No. 788, § 3; 1977, No. 312, § 1; 1985, No. 896, §§ 1-3; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; Init. Meas. 1990, No. 1, § 5; Acts 1993, No. 1243, § 1; 1995, No. 1263, § 1; Init. Meas. 1996, No. 1, § 4; Acts 1999, No. 103, § 1; 1999, No. 553, § 6; 2001, No. 564, § 1; 2001, No. 1839, §§ 3, 4; 2007, No. 221, § 5; 2009, No. 1204, § 3; 2011, No. 721, § 6.