§ 17-25-20. Eligibility criteria for matching public funds.
In order to receive matching public funds under § 17-25-19, a qualifying candidate must comply with the following requirements:
(1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging to comply with the limitations on contributions and expenditures for election
purposes and with all the terms and conditions set forth in this chapter. Upon the
filing of the statement, a candidate for general office shall be bound to abide by
the limitations on contributions and expenditures set forth in this chapter and may
not withdraw from his or her obligation to abide by these restrictions.
(2)(i) Subject to the provisions of subsection (2)(ii) of this section, no participating
candidate shall either receive or expend for election purposes more than a total of
public and private funds in the sum of one million five hundred thousand dollars ($1,500,000)
in an election cycle. No participating candidate for general office other than governor
shall receive or expend for election purposes more than a total of public and private
funds in the sum of three hundred seventy-five thousand dollars ($375,000) in an election
cycle.
(ii) The limitations on contributions received from private sources, matching funds available
from the state, and total permitted expenditures shall apply in the 1994 general election
and, subject to appropriations by the general assembly, shall increase by a percentage
to be determined by the board of elections in January of each year in which a general
election involving general offices is held, beginning in 1998. In no case shall the
increase exceed the total increase in the consumer price index since the month in
which the previous general election involving general offices was held.
(3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary contributions
from a single private source within an election cycle shall be eligible for matching
public funds for candidates for governor; provided, that the entire amount contributed
shall be considered toward the dollar limits provided in subsection (2) of this section.
(ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary contributions
from a single private source within an election cycle shall be eligible for matching
public funds for candidates for lieutenant governor, secretary of state, attorney
general, and general treasurer; provided, that the entire amount contributed shall
be considered toward the dollar limits provided for in subsection (2) of this section.
(iii) Any private funds lawfully contributed during the current election cycle shall be
eligible for matching public funds subject to the terms and conditions of this section,
and private funds donated during a preceding election cycle shall not be eligible
for matching public funds.
(4) The direct costs incurred in connection with raising campaign funds on behalf of a
candidate shall not be deemed to be expenditures for the purposes of the limitations
on expenditures set forth in subsection (2) of this section. Direct costs shall include
costs of printing and mailing invitations to fundraising events, solicitations for
contributions, costs of hosting fundraising events, and travel to those events, but
shall not include any portion of the salary or wages of campaign employees, nor the
cost of any radio, television, computer/internet/electronic device, or printed advertisement.
The cost of a fundraising event must be less than the amount of money realized from
the gross proceeds generated by the fundraising event in order to qualify for this
exclusion.
(5) If a candidate who has accepted public funds makes expenditures in excess of the permitted
amounts, the candidate shall be liable for a civil assessment payable to the state
in an amount equal to three (3) times the amount of excess funds expended. In addition,
the candidate shall be ineligible for further participation in the public financing
program during the same election cycle.
(6) In order to receive payments under this section, any candidate for general office
shall first meet the following additional minimum requirements:
(i) Raise an amount in qualified private contributions equal to twenty percent (20%) of
the total amount eligible to be matched for election as to the office sought;
(ii) Receive private contributions from a minimum of two hundred fifty (250) individuals
contributing at least twenty-five dollars ($25.00) each for candidates for governor
and receive private contributions from a minimum of one hundred (100) individuals
contributing at least twenty-five dollars ($25.00) each, for candidates for lieutenant
governor, secretary of state, attorney general, and general treasurer;
(iii) Comply with any and all applicable nomination provisions in this title and qualify
for the general election ballot pursuant to the process set forth in this title; and
(iv) Have no outstanding fines owed to the board of elections.
(7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 and no private funds used to qualify for the public funds shall be expended by the
candidate for any purpose except to pay reasonable and necessary expenses directly
related to the candidate's campaign.
(8) No public funds shall be expended by the candidate, except for one or more of the
following uses directly related to the campaign of the candidate:
(i) Purchase of time on radio or television stations; provided, however, the content of
all television time shall include captioning for the deaf and hard of hearing and
the content of all radio time must be available in a written or text format at the
time of request;
(ii) Purchase of rental space on outdoor signs or billboards;
(iii) Purchase of advertising space on the computer/internet/electronic device and in newspapers
and regularly published magazines and periodicals;
(iv) Payment of the cost of producing the material aired or displayed on radio, television,
outdoor signs or billboards, and computer/internet/electronic device and in newspapers,
regularly published magazines, and periodicals;
(v) Payment of the cost of printing and mailing campaign literature and brochures;
(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign paraphernalia;
(vii) Payment of the cost of legal and accounting expenses incurred in complying with the
public financing law and regulations as required by this chapter;
(viii) Payment of the cost of telephone deposits, installation charges, and monthly billings
in excess of deposits;
(ix) Payment of the costs of public opinion polls and surveys; and
(x) Payment of rent, utilities and associated expenses connected with the operation of
an election headquarters or satellite election offices.
(9) Contributions received and expended by any candidate for the purpose of defraying
any expense or satisfying any loan obligations incurred prior to January 1, 1991,
by the candidate in furtherance of the candidate's candidacy in a previous election
cycle, as defined in § 17-25-3(11), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 — 17-25-27.
(10) No candidate who has elected to receive public funds shall contribute to or loan to
the candidate's own campaign a sum in excess of five percent (5%) of the total amount
that a candidate is permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21.