130.031. Restrictions and limitations on contributions--records required--anonymous contributions, how handled--campaign materials, sponsor to be identified--prizes prohibited.
Restrictions and limitations on contributions--recordsrequired--anonymous contributions, how handled--campaignmaterials, sponsor to be identified--prizes prohibited.
130.031. 1. No contribution of cash in an amount of more than onehundred dollars shall be made by or accepted from any single contributorfor any election by a continuing committee, a campaign committee, apolitical party committee, an exploratory committee or a candidatecommittee.
2. Except for expenditures from a petty cash fund which isestablished and maintained by withdrawals of funds from the committee'sdepository account and with records maintained pursuant to therecord-keeping requirements of section 130.036 to account for expendituresmade from petty cash, each expenditure of more than fifty dollars, exceptan in-kind expenditure, shall be made by check drawn on the committee'sdepository and signed by the committee treasurer, deputy treasurer orcandidate. A single expenditure from a petty cash fund shall not exceedfifty dollars, and the aggregate of all expenditures from a petty cash fundduring a calendar year shall not exceed the lesser of five thousand dollarsor ten percent of all expenditures made by the committee during thatcalendar year. A check made payable to "cash" shall not be made except toreplenish a petty cash fund.
3. No contribution shall be made or accepted and no expenditure shallbe made or incurred, directly or indirectly, in a fictitious name, in thename of another person, or by or through another person in such a manner asto conceal the identity of the actual source of the contribution or theactual recipient and purpose of the expenditure. Any person who receivescontributions for a committee shall disclose to that committee's treasurer,deputy treasurer or candidate the recipient's own name and address and thename and address of the actual source of each contribution such person hasreceived for that committee. Any person who makes expenditures for acommittee shall disclose to that committee's treasurer, deputy treasurer orcandidate such person's own name and address, the name and address of eachperson to whom an expenditure has been made and the amount and purpose ofthe expenditures the person has made for that committee.
4. No anonymous contribution of more than twenty-five dollars shallbe made by any person, and no anonymous contribution of more thantwenty-five dollars shall be accepted by any candidate or committee. Ifany anonymous contribution of more than twenty-five dollars is received, itshall be returned immediately to the contributor, if the contributor'sidentity can be ascertained, and if the contributor's identity cannot beascertained, the candidate, committee treasurer or deputy treasurer shallimmediately transmit that portion of the contribution which exceedstwenty-five dollars to the state treasurer and it shall escheat to thestate.
5. The maximum aggregate amount of anonymous contributions whichshall be accepted in any calendar year by any committee shall be thegreater of five hundred dollars or one percent of the aggregate amount ofall contributions received by that committee in the same calendar year. Ifany anonymous contribution is received which causes the aggregate total ofanonymous contributions to exceed the foregoing limitation, it shall bereturned immediately to the contributor, if the contributor's identity canbe ascertained, and, if the contributor's identity cannot be ascertained,the committee treasurer, deputy treasurer or candidate shall immediatelytransmit the anonymous contribution to the state treasurer to escheat tothe state.
6. Notwithstanding the provisions of subsection 5 of this section,contributions from individuals whose names and addresses cannot beascertained which are received from a fund-raising activity or event, suchas defined in section 130.011, shall not be deemed anonymous contributions,provided the following conditions are met:
(1) There are twenty-five or more contributing participants in theactivity or event;
(2) The candidate, committee treasurer, deputy treasurer or theperson responsible for conducting the activity or event makes anannouncement that it is illegal for anyone to make or receive acontribution in excess of one hundred dollars unless the contribution isaccompanied by the name and address of the contributor;
(3) The person responsible for conducting the activity or event doesnot knowingly accept payment from any single person of more than onehundred dollars unless the name and address of the person making suchpayment is obtained and recorded pursuant to the record-keepingrequirements of section 130.036;
(4) A statement describing the event shall be prepared by thecandidate or the treasurer of the committee for whom the funds were raisedor by the person responsible for conducting the activity or event andattached to the disclosure report of contributions and expendituresrequired by section 130.041. The following information to be listed in thestatement is in addition to, not in lieu of, the requirements elsewhere inthis chapter relating to the recording and reporting of contributions andexpenditures:
(a) The name and mailing address of the person or persons responsiblefor conducting the event or activity and the name and address of thecandidate or committee for whom the funds were raised;
(b) The date on which the event occurred;
(c) The name and address of the location where the event occurred andthe approximate number of participants in the event;
(d) A brief description of the type of event and the fund-raisingmethods used;
(e) The gross receipts from the event and a listing of theexpenditures incident to the event;
(f) The total dollar amount of contributions received from the eventfrom participants whose names and addresses were not obtained with suchcontributions and an explanation of why it was not possible to obtain thenames and addresses of such participants;
(g) The total dollar amount of contributions received fromcontributing participants in the event who are identified by name andaddress in the records required to be maintained pursuant to section130.036.
7. No candidate or committee in this state shall accept contributionsfrom any out-of-state committee unless the out-of-state committee from whomthe contributions are received has filed a statement of organizationpursuant to section 130.021 or has filed the reports required by sections130.049 and 130.050, whichever is applicable to that committee.
8. Any person publishing, circulating, or distributing any printedmatter relative to any candidate for public office or any ballot measureshall on the face of the printed matter identify in a clear and conspicuousmanner the person who paid for the printed matter with the words "Paid forby" followed by the proper identification of the sponsor pursuant to thissection. For the purposes of this section, "printed matter" shall bedefined to include any pamphlet, circular, handbill, sample ballot,advertisement, including advertisements in any newspaper or otherperiodical, sign, including signs for display on motor vehicles, or otherimprinted or lettered material; but "printed matter" is defined to excludematerials printed and purchased prior to May 20, 1982, if the candidate orcommittee can document that delivery took place prior to May 20, 1982; anysign personally printed and constructed by an individual withoutcompensation from any other person and displayed at that individual's placeof residence or on that individual's personal motor vehicle; any items ofpersonal use given away or sold, such as campaign buttons, pins, pens,pencils, book matches, campaign jewelry, or clothing, which is paid for bya candidate or committee which supports a candidate or supports or opposesa ballot measure and which is obvious in its identification with a specificcandidate or committee and is reported as required by this chapter; and anynews story, commentary, or editorial printed by a regularly publishednewspaper or other periodical without charge to a candidate, committee orany other person.
(1) In regard to any printed matter paid for by a candidate from thecandidate's personal funds, it shall be sufficient identification to printthe first and last name by which the candidate is known.
(2) In regard to any printed matter paid for by a committee, it shallbe sufficient identification to print the name of the committee as requiredto be registered by subsection 5 of section 130.021 and the name and titleof the committee treasurer who was serving when the printed matter was paidfor.
(3) In regard to any printed matter paid for by a corporation orother business entity, labor organization, or any other organization notdefined to be a committee by subdivision (7) of section 130.011 and notorganized especially for influencing one or more elections, it shall besufficient identification to print the name of the entity, the name of theprincipal officer of the entity, by whatever title known, and the mailingaddress of the entity, or if the entity has no mailing address, the mailingaddress of the principal officer.
(4) In regard to any printed matter paid for by an individual orindividuals, it shall be sufficient identification to print the name of theindividual or individuals and the respective mailing address or addresses,except that if more than five individuals join in paying for printed matterit shall be sufficient identification to print the words "For a list ofother sponsors contact:" followed by the name and address of one suchindividual responsible for causing the matter to be printed, and theindividual identified shall maintain a record of the names and amounts paidby other individuals and shall make such record available for review uponthe request of any person. No person shall accept for publication orprinting nor shall such work be completed until the printed matter isproperly identified as required by this subsection.
9. Any broadcast station transmitting any matter relative to anycandidate for public office or ballot measure as defined by this chaptershall identify the sponsor of such matter as required by federal law.
10. The provisions of subsection* 8 or 9 of this section shall notapply to candidates for elective federal office, provided that personscausing matter to be printed or broadcast concerning such candidacies shallcomply with the requirements of federal law for identification of thesponsor or sponsors.
11. It shall be a violation of this chapter for any person requiredto be identified as paying for printed matter pursuant to subsection 8 ofthis section or paying for broadcast matter pursuant to subsection 9 ofthis section to refuse to provide the information required or to purposelyprovide false, misleading, or incomplete information.
12. It shall be a violation of this chapter for any committee tooffer chances to win prizes or money to persons to encourage such personsto endorse, send election material by mail, deliver election material inperson or contact persons at their homes; except that, the provisions ofthis subsection shall not be construed to prohibit hiring and paying acampaign staff.
(L. 1978 S.B. 839, A.L. 1982 S.B. 526, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B. 631, A.L. 1994 S.B. 650, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)*Word "subsections" appears in original rolls.