§ 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(3), 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 subsection (a)(2)
of this 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(3);
(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 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 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 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
two thousand dollars ($2,000).
(2) However, even though the aggregate amount expended on behalf of the candidacy does
not exceed two thousand dollars ($2,000), reports must be made listing the source
and amounts of all contributions in excess of a total of 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 two thousand dollars ($2,000) and no contribution
from any one source, within a calendar year 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 two hundred dollars ($200), within a calendar
year from any one source and/or made expenditures in excess of 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 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 subsection (g)(1) of this 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.