§ 17-25-11 - Dates for filing of reports by treasurers of candidates or of committees.
SECTION 17-25-11
§ 17-25-11 Dates for filing of reports bytreasurers of candidates or of committees. – (a) During the period between the appointment of the campaign treasurer forstate and municipal committees and political action committees, or in the caseof an individual, the date on which the individual becomes a "declared orundeclared candidate", as defined in § 17-25-3(2), except when the ninety(90) day reporting period ends less than forty (40) days prior to an election,in which case the ninety (90) day report shall be included as part of thereport required to be filed on the twenty-eighth (28th) day next preceding theday of the primary, general, or special election pursuant to subdivision (2) ofthis subsection, and the election, with respect to which contributions arereceived or expenditures made by him or her in behalf of or in opposition to acandidate, the campaign treasurer of a candidate, a political party committee,or a political action committee shall file a report containing an account ofcontributions received and expenditures made on behalf of or in opposition to acandidate:
(1) At ninety (90) day intervals commencing on the date onwhich the individual first becomes a candidate, as defined in § 17-25-3(2);
(2) In a contested election, on the twenty-eighth (28th) andseventh (7th) days next preceding the day of the primary, general, or specialelection; provided, that in the case of a primary election for a specialelection, where the twenty-eighth (28th) day next preceding the day of theprimary election occurs prior to the first day for filing declarations ofcandidacy pursuant to § 17-14-1, the reports shall be due on thefourteenth (14th) and seventh (7th) days next preceding the day of the primaryelection for the special election; and
(3) A final report on the twenty-eighth (28th) day followingthe election. The report shall contain:
(i) The name and address and place of employment of eachperson from whom contributions in excess of a total of one hundred dollars($100) within a calendar year were received;
(ii) The amount contributed by each person;
(iii) The name and address of each person to whomexpenditures in excess of one hundred dollars ($100) 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 campaigntreasurer of a candidate, or political party committee or political actioncommittee, may certify to the board of elections that the campaign fund of thecandidate, political party committee, or political action committee having beeninstituted for the purposes of the past election, has completed its businessand been dissolved or, in the event that the committee will continue itsactivities beyond the election, that its business regarding the past electionhas been completed; and the certification shall be accompanied by a finalaccounting of the campaign fund, or of the transactions relating to theelection, including the final disposition of any balance remaining in the fundat the time of dissolution or the arrangements which have been made for thedischarge of any obligations remaining unpaid at the time of dissolution.
(c) Once the campaign treasurer certifies that the campaignfund has completed its business and been dissolved, no contribution which isintended to defray expenditures incurred on behalf of or in opposition to acandidate during the campaign can be accepted. Until the time that the campaigntreasurer certifies that the campaign fund has completed its business and beendissolved, the treasurer shall file reports containing an account ofcontributions received and expenditures made at ninety (90) day intervalscommencing with the next quarterly report following the election; however, thetime to file under this subsection shall be no later than the last day of themonth following the ninety (90) day period, except when the last day of themonth filing deadline following the ninety (90) day reporting period occursless than twenty-eight (28) days before an election, in which case the reportshall be filed pursuant to the provisions of subdivisions (a)(1) and (2) ofthis section. Provided, however, if the last day of the month falls on aweekend or a holiday, the report shall be due on the following business day.
(d) There shall be no obligation to file the reports ofexpenditures required by this section on behalf of or in opposition to acandidate if the total amount to be expended in behalf of the candidacy by thecandidate, by any political party committee, by any political action committee,or by any person shall not in the aggregate exceed one thousand dollars($1,000).
(2) However, even though the aggregate amount expended onbehalf of the candidacy does not exceed one thousand dollars ($1,000), reportsmust be made listing the source and amounts of all contributions in excess of atotal of one hundred dollars ($100) from any one source within a calendar year.Even though the aggregate amount expended on behalf of the candidacy does notexceed one thousand dollars ($1,000) and no contribution from any one sourcewithin a calendar year exceeds one hundred dollars ($100), the report shallstate the aggregate amount of all contributions received. In addition, thereport shall state the amount of aggregate contributions that were fromindividuals, the amount from political action committees, and the amount frompolitical party committees.
(e) On or before the first date for filing contribution andexpenditure reports, the campaign treasurer may file a sworn statement that thetreasurer will accept no contributions nor make aggregate expenditures inexcess of the minimum amounts for which a report is required by this chapter.Thereafter, the campaign treasurer shall be excused from filing all the reportsfor 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 anaccount of contributions received and expenditures made at the ninety (90) dayintervals provided for in subsection (c) of this section for any ninety (90)day period in which the campaign received contributions in excess of a total ofone hundred dollars ($100) within a calendar year from any one source and/ormade expenditures in excess of one thousand dollars ($1,000) within a calendaryear; however, the time to file under this subsection shall be no later thanthe last day of the month following the ninety (90) day period, except when thelast day of the month filing deadline following the ninety (90) day reportingperiod occurs less than twenty-eight (28) days before an election, in whichcase the report shall be filed pursuant to the provisions of subdivisions(a)(1) and (2) of this section. Provided, however, if the last day of the monthfalls on a weekend or a holiday, the report shall be due on the followingbusiness day.
(g) The board of elections may, for good cause shown and uponthe receipt of a written or electronic request, grant a seven (7) day extensionfor filing a report; provided, that the request must be received no later thanthe date upon which the report is due to be filed.
(2) Any person or entity required to file reports with theboard of elections pursuant to this section and who has not filed the report bythe required date, unless granted an extension pursuant to subdivision (1) ofthis subsection, shall be fined twenty-five dollars ($25.00). Notwithstandingany of the provisions of this section, the board of elections shall have theauthority to waive late filing fees for good cause shown.
(3) The board of elections shall send a notice ofnon-compliance, by certified mail, to any person or entity who fails to filethe reports required by this section. A person or entity who is sent a noticeof non-compliance and fails to file the required report within seven (7) daysof the receipt of the notice shall be fined two dollars ($2.00) per day fromthe day of receipt of the notice of non-compliance until the day the report hasbeen received by the state board. Notwithstanding any of the provisions of thissection, the board of elections shall have the authority to waive late filingfees for good cause shown.