21-A §1012. Definitions
Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE
§1012. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 161, §6 (NEW).]
1. Clearly identified. "Clearly identified," with respect to a candidate, means that:
A. The name of the candidate appears; [1985, c. 161, §6 (NEW).]
B. A photograph or drawing of the candidate appears; or [1985, c. 161, §6 (NEW).]
C. The identity of the candidate is apparent by unambiguous reference. [1985, c. 161, §6 (NEW).]
[ 1985, c. 161, §6 (NEW) .]
2. Contribution. The term "contribution:"
A. Includes:
(1) A gift, subscription, loan, advance or deposit of money or anything of value made for the purpose of influencing the nomination or election of any person to state, county or municipal office or for the purpose of liquidating any campaign deficit of a candidate, except that a loan of money to a candidate by a financial institution in this State made in accordance with applicable banking laws and regulations and in the ordinary course of business is not included;
(2) A contract, promise or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes;
(3) Funds received by a candidate or a political committee that are transferred to the candidate or committee from another political committee or other source; and
(4) The payment, by any person other than a candidate or a political committee, of compensation for the personal services of other persons that are provided to the candidate or political committee without charge for any such purpose; and [1995, c. 483, §3 (AMD).]
B. Does not include:
(1) The value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee;
(2) The use of real or personal property and the cost of invitations, food and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services for candidate-related activities, if the cumulative value of these activities by the individual on behalf of any candidate does not exceed $100 with respect to any election;
(3) The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if the charge to the candidate is at least equal to the cost of the food or beverages to the vendor and if the cumulative value of the food or beverages does not exceed $100 with respect to any election;
(4) Any unreimbursed travel expenses incurred and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $100 with respect to any election;
(4-A) Any unreimbursed campaign-related travel expenses incurred and paid for by the candidate or the candidate's spouse or domestic partner;
(5) The payment by a party's state, district, county or municipal committee of the costs of preparation, display or mailing or other distribution of a party candidate listing;
(6) Documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this Title, lists of registered voters and voter identification information, created, obtained or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party;
(7) Compensation paid by a state party committee to its employees for the following purposes:
(a) Providing no more than a total of 40 hours of assistance from its employees to a candidate in any election;
(b) Recruiting and overseeing volunteers for campaign activities involving 3 or more candidates; or
(c) Coordinating campaign events involving 3 or more candidates;
(8) Campaign training sessions provided to 3 or more candidates;
(8-A) Costs paid for by a party committee in connection with a campaign event at which 3 or more candidates are present;
(8-B) Wood or other materials used for political signs that are found or contributed if not originally obtained by the candidate or contributor for campaign purposes;
(8-C) The use or distribution of any communication, as described in section 1014, obtained by the candidate for a previous election and fully paid for during that election;
(9) The use of offices, telephones, computers and similar equipment when that use does not result in additional cost to the provider; or
(10) Activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention a clearly identified candidate. [2007, c. 443, Pt. A, §3 (AMD).]
[ 2007, c. 443, Pt. A, §3 (AMD) .]
3. Expenditure. The term "expenditure:"
A. Includes:
(1) A purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination or election of any person to political office, except that a loan of money to a candidate by a financial institution in this State made in accordance with applicable banking laws and regulations and in the ordinary course of business is not included;
(2) A contract, promise or agreement, expressed or implied, whether or not legally enforceable, to make any expenditure;
(3) The transfer of funds by a candidate or a political committee to another candidate or political committee; and
(4) A payment or promise of payment to a person contracted with for the purpose of supporting or opposing any candidate, campaign, political committee, political action committee, political party, referendum or initiated petition or circulating an initiated petition; and [2005, c. 575, §2 (AMD).]
B. Does not include:
(1) Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical publication, unless the facilities are owned or controlled by any political party, political committee , candidate or candidate's immediate family;
(1-A) Any communication distributed through a public access television station if the communication complies with the laws and rules governing the station and all candidates in the race have an equal opportunity to promote their candidacies through the station;
(2) Activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention a clearly identified candidate;
(3) Any communication by any membership organization or corporation to its members or stockholders, if that membership organization or corporation is not organized primarily for the purpose of influencing the nomination or election of any person to state or county office;
(4) The use of real or personal property and the cost of invitations, food and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services for candidate-related activities, if the cumulative value of these activities does not exceed $100 with respect to any election;
(5) Any unreimbursed travel expenses incurred and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $100 with respect to any election;
(5-A) Any unreimbursed campaign-related travel expenses incurred and paid for by the candidate or the candidate's spouse or domestic partner;
(6) Any communication by any person that is not made for the purpose of influencing the nomination for election, or election, of any person to state or county office;
(7) The payment by a party's state, district, county or municipal committee of the costs of preparation, display or mailing or other distribution of a party candidate listing;
(8) The use or distribution of any communication, as described in section 1014, obtained by the candidate for a previous election and fully paid for during that election campaign;
(9) Documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this Title, lists of registered voters and voter identification information, created or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party;
(10) Compensation paid by a state party committee to its employees for the following purposes:
(a) Providing no more than a total of 40 hours of assistance from its employees to a candidate in any election;
(b) Recruiting and overseeing volunteers for campaign activities involving 3 or more candidates; or
(c) Coordinating campaign events involving 3 or more candidates;
(10-A) Costs paid for by a party committee in connection with a campaign event at which 3 or more candidates are present;
(11) Campaign training sessions provided to 3 or more candidates;
(11-A) Wood or other materials used for political signs that are found or contributed if not originally obtained by the candidate or contributor for campaign purposes; or
(12) The use of offices, telephones, computers and similar equipment when that use does not result in additional cost to the provider. [2007, c. 443, Pt. A, §4 (AMD).]
[ 2007, c. 443, Pt. A, §4 (AMD) .]
4. Exploratory committee.
[ 1991, c. 839, §3 (RP); 1991, c. 839, §34 (AFF) .]
5. Party candidate listing. "Party candidate listing" means any communication that meets the following criteria.
A. The communication lists the names of at least 3 candidates for election to public office. [2005, c. 301, §9 (NEW).]
B. The communication is distributed through public advertising such as broadcast stations, cable television, newspapers and similar media, and through direct mail, telephone, electronic mail, publicly accessible sites on the Internet or personal delivery. [2005, c. 301, §9 (NEW).]
C. The treatment of all candidates in the communication is substantially similar, except for any requirement under federal law applicable to communications regarding federal candidates. [2007, c. 443, Pt. A, §5 (AMD).]
D. The content of the communication is limited to:
(1) The identification of each candidate, with which pictures may be used;
(2) The offices sought;
(3) The offices currently held by the candidates;
(4) The party affiliation of the candidates and a brief statement, including campaign slogans, about the party's or the candidates' positions, philosophy, goals, accomplishments or biographies;
(5) Encouragement to vote for the candidates identified;
(6) Information about voting, such as voting hours and locations; and
(7) Campaign or party logos.
If the communication contains language outside the categories of this paragraph, it does not qualify as a party candidate listing. [2007, c. 443, Pt. A, §6 (AMD).]
[ 2007, c. 443, Pt. A, §§5, 6 (AMD) .]
SECTION HISTORY
1985, c. 161, §6 (NEW). 1987, c. 160, §1 (AMD). 1991, c. 839, §3 (AMD). 1991, c. 839, §34 (AFF). 1995, c. 483, §3 (AMD). 1999, c. 432, §§1,2 (AMD). 2003, c. 615, §1 (AMD). 2005, c. 301, §§7-9 (AMD). 2005, c. 575, §2 (AMD). 2007, c. 443, Pt. A, §§3-6 (AMD).