Bill Text: MS HB1375 | 2025 | Regular Session | Introduced
Bill Title: Campaign finance law; revise.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Apportionment and Elections;Accountability, Efficiency, Transparency [HB1375 Detail]
Download: Mississippi-2025-HB1375-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Apportionment and Elections; Accountability, Efficiency, Transparency
By: Representative Zuber
House Bill 1375
AN ACT TO REVISE THE CAMPAIGN FINANCE LAWS; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN A CENTRAL SITE ON THE INTERNET TO MAKE ACCESSIBLE AND SEARCHABLE TO THE PUBLIC ALL PUBLIC AVAILABLE ELECTION-RELATED REPORTS AND INFORMATION; TO PROVIDE THAT, BEGINNING ON JANUARY 1, 2027, ALL CAMPAIGN FINANCE REPORTS SHALL BE FILED ON THE SECRETARY OF STATE'S ONLINE FILING SYSTEM; TO AMEND SECTION 23-15-815, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE SECRETARY OF STATE REGARDING CAMPAIGN FINANCE REPORTS; TO REQUIRE THE SECRETARY OF STATE TO PREPARE CERTAIN FORMS AND A CAMPAIGN FINANCE MANUAL; TO PROVIDE HOW LONG CAMPAIGN FINANCE REPORTS SHALL BE MADE AVAILABLE; TO REQUIRE THE SECRETARY OF STATE TO INSPECT CERTAIN REPORTS AND STATEMENTS OF ORGANIZATION; TO REQUIRE THE SECRETARY OF STATE TO CREATE RULES ON A WRITTEN COMPLAINT AND RESPONSE PROCESS; TO AUTHORIZE THE SECRETARY OF STATE TO CONFIDENTIALLY MAKE INVESTIGATIONS INTO STATEMENTS AND REPORTS THAT ARE FILED; TO PROVIDE THE SAME AUTHORITY TO THE ETHICS COMMISSION FOR REPORTS AND STATEMENTS FILED BY THE SECRETARY OF STATE OR ANY PERSON RUNNING FOR THAT OFFICE; TO AMEND SECTION 23-15-819, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A FOREIGN NATIONAL, DIRECTLY OR THROUGH ANY OTHER PERSON, TO MAKE ANY CONTRIBUTION OR ANY EXPENDITURE OF MONEY OR OTHER THING OF VALUE, OR TO PROMISE EXPRESSLY OR IMPLIEDLY TO MAKE ANY SUCH CONTRIBUTION OR EXPENDITURE, IN CONNECTION WITH AN ELECTION FOR ANY CONSTITUTIONAL AMENDMENT, LOCAL BALLOT MEASURE, BALLOT REFERENDUM, OR OTHER SIMILAR MEASURES; TO PROVIDE CERTAIN PENALTIES FOR KNOWINGLY VIOLATING THIS SECTION; TO BRING FORWARD SECTIONS 23-15-801, 23-15-803, 23-15-807, 23-15-809, 23-15-811, 23-15-813, 23-15-817 AND 23-15-821, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
[From July 1, 2025, until January 1, 2027, this section shall read as follows:]
23-15-805. (a) * * * Candidate committees for
state, state district, and legislative district offices, and every political
committee, which makes reportable contributions to or expenditures in support
of or in opposition to a candidate for any such office or makes reportable
contributions to or expenditures in support of or in opposition to a statewide
ballot measure, shall file all reports required under this article with the
Office of the Secretary of State. The Secretary of State shall maintain a central
site on the Internet to make accessible to the public and searchable all
publicly available election-related reports and information. Reports shall be
searchable by the identifiable variables on the report, including, but not
limited to, candidate, office sought, itemized contribution, itemized
expenditure, amount of contribution and amount of expenditure. In this
section, the term "election-related report" means any report,
designation or statement required to be filed under this article.
(b) * * * Candidate committees for
county or county district office, and every political committee which makes
reportable contributions to or expenditures in support of or in opposition to a
candidate for such office or makes reportable contributions to or expenditures
in support of or in opposition to a countywide ballot measure or a ballot
measure affecting part of a county, excepting a municipal ballot measure, shall
file all reports required by this section in the office of the circuit clerk of
the county in which the election occurs, or directly to the Office of the
Secretary of State * * *. The
circuit clerk shall forward copies of all reports to the Office of the
Secretary of State.
(c) Candidates for
municipal office, and every political committee which makes reportable
contributions to or expenditures in support of or in opposition to a candidate
for such office, or makes reportable contributions to or expenditures in
support of or in opposition to a municipal ballot measure shall file all
reports required by this article in the office of the municipal clerk of the
municipality in which the election occurs, or directly to the Office of the
Secretary of State * * *. The
municipal clerk shall forward copies of all reports to the Office of the
Secretary of State.
(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve the reports for a period of five (5) years.
[From and after January 1, 2027, this section shall read as follows:]
23-15-805. (a) Candidate committees for state, state district, and legislative district offices, and every political committee that makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure shall file all reports required under this article with the Office of the Secretary of State through the Secretary of State's online filing system.
(b) Candidate committees for county or county district office, and every political committee that makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, shall file all reports required by this section in the office of the circuit clerk through the Secretary of State's online filing system. The Secretary of State shall ensure the circuit clerk, or their designees, are properly trained on the utilization of the online filing system and have access to the system.
(c) Candidates for municipal office, and every political committee that makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs through the Secretary of State's online filing system. The Secretary of State shall ensure the municipal clerk, or their designees, are properly trained on the utilization of the online filing system and have access to the system.
(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve the reports for a period of five (5) years.
(e) Any candidate committee or political committee required to file their campaign finance report via the Secretary of State's online filing system shall not be required to submit a report via the Secretary of State's online filing system if they submit an affidavit that they do not have Internet access with the Secretary of State. The affidavit must be submitted yearly and will be made available with other campaign finance reports. In the event of the failure of the online filing system that reasonably prevents a candidate committee or political committee from filing a required report, the Secretary of State shall allow for the filing of reports via facsimile, electronic mail, postal mail or hand delivery and make such forms available to candidate committees and political committees for such filings.
(f) The Secretary of State shall maintain a central site on the Internet to make accessible to the public and searchable all publicly available election-related reports and information. Reports shall be searchable by the identifiable variables on the report, including, but not limited to, candidate, office sought, itemized contribution, itemized expenditure, amount of contribution and amount of expenditure. In this section, the term "election-related report" means any report, designation or statement required to be filed under this chapter.
SECTION 2. Section 23-15-815, Mississippi Code of 1972, is amended as follows:
23-15-815. * * *
(1) It shall be the duty and power of the
Secretary of State:
(a) To prescribe forms of statements and other information required to be filed by this article, to furnish such forms to the county circuit clerks and municipal clerks and individuals, or others required to file such statements and information, and to prepare and publish on the Secretary of State's website a manual setting forth the provisions of this article.
(b) The Secretary of State, circuit clerks and municipal clerks shall, within forty-eight (48) hours after the time of the receipt by the appropriate office of reports and statements filed with it, make them available for public inspection, and copying at the expense of the person requesting such copying, and keep such designations, reports and statements for a period of five (5) years from the date of receipt.
(c) To accept and file any information voluntarily supplied that exceeds the requirements of this article, subject to redaction of nonpublic information.
(d) To publish an annual report detailing the year's campaign finance activity, including, but not limited to, the number of reports filed, fines assessed, fines collected, and a summary of any issues reported and investigated.
(e) The Secretary of State shall inspect or cause to be inspected each statement of organization or report filed with the Secretary of State under this article within ten (10) days after the date it is filed. The Secretary of State shall notify, no more than ten (10) days and at least five (5) days before each report is due, each candidate or treasurer whose statement of organization has been filed, of the specific date each report is due. He or she shall immediately notify any individual, candidate, treasurer, political committee, referendum committee or other entity that may be required to file a statement under this chapter if:
(i) It appears that the individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement or report as required by law or that a statement or report filed does not conform to this article; or
(ii) A written complaint is filed under oath with the Secretary of State by any registered candidate or authorized representative of a candidate or political party of this state alleging that a statement or report filed with the Secretary of state does not conform to this article or to the truth, or that an individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement required by this article. The entity that is the subject of the complaint shall be given an opportunity to respond to the complaint within five (5) business days before any action is taken requiring compliance.
(f) The Secretary of State shall promulgate rules and regulations to effectuate a written complaint and response process as outlined in paragraph (e) of this subsection.
(2) To make investigations to the extent the Secretary of State deems necessary with respect to statements and reports filed under the provisions of this article and with respect to alleged failures to file any statement or reports required under the provisions of this article and, upon complaint, signed and sworn under oath or affirmation, by any registered candidate or authorized representative of a candidate or political party, with respect to alleged violations of any part of this article. The Secretary of State may also make investigations into the failure to report by any candidate committee or political committee that is required to file with the Secretary of State and has not done so by the end of the fine period set forth in Section 23-15-807. All investigations shall be confidential, and no investigation shall be initiated more than four (4) years from the earliest of the following dates:
(a) The facts constituting the violation are known to the Secretary of State;
(b) The facts constituting the violation can be determined from the public record; or
(c) The complainant knew or should have known of the conduct upon which the complaint is based.
(3) In conducting an investigation, the Secretary of State may:
(a) (i) Conduct investigations within or outside of this state which the Secretary of State considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this article or a rule adopted, or order issued under this article, or to aid in the enforcement of this article or in the adoption of rules and forms under this article; or
(ii) Require or permit a person to testify, file a statement or produce a record, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; or
(iii) Administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Secretary of State considers relevant or material to the investigation.
(b) Apply to the Circuit Court of Hinds County, Madison County or Rankin County, or a court of another state, to enforce compliance if a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Secretary of State under this article. The court may:
(i) Hold the person in contempt;
(ii) Order the person to appear before the administrator;
(iii) Order the person to testify about the matter under investigation or in question;
(iv) Order the production of records;
(v) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; and
(vi) Grant any other necessary or appropriate relief.
(4) To request and receive confidential recommendations from the Attorney General's office regarding the appropriateness of a criminal referral of campaign finance violations. In the event the referral of campaign finance violations may be regarding the Attorney General or their opponent, the Secretary of State may request and receive confidential recommendations from the proper district attorney.
(5) After investigation and receipt of the confidential recommendations from the Attorney General regarding the appropriateness of a criminal referral for campaign finance violations, to report apparent violations by candidates, political committees, referendum committees, individuals or persons to the proper district attorney or the Attorney General's office.
(6) To prescribe and furnish forms of reports and other material to the county circuit clerk for distribution to candidates and committees required to be filed with the county.
(7) To prescribe and furnish forms of reports and other material to the municipal clerk for distribution to candidates and committees required to be filed with the municipality.
(8) To instruct the county and municipal election officials as to their respective duties and responsibilities relative to the administration of this article.
(9) To establish a process for determination as to whether communication is a contribution, expenditure, or independent expenditure prior to the airing or distribution of that communication when so requested to an individual or person producing a communication.
(10) To publish guidelines for filing of the required statements and reports.
(11) When the Secretary of State is a candidate for office, the Mississippi Ethics Commission shall have the same duties and protections under subsections (2) through (5) in regard to all candidates seeking the same office as the Secretary of State.
SECTION 3. Section 23-15-819, Mississippi Code of 1972, is amended as follows:
23-15-819. (1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.
(2) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election for any constitutional amendment, local ballot measure, ballot referendum, or other similar measures.
( * * *3) No person shall knowingly
solicit, accept or receive any such contribution from a foreign national,
and no person shall knowingly aid or facilitate a violation of subsection (1)
or (2) of this section.
( * * *4) The term "foreign
national" means:
(a) A foreign national as defined in 22 USCS 611(b), except that the terms "foreign national" does not include any individual who is a citizen of the United States; or
(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
(5) Any person who knowingly violates this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in a sum equal to three (3) times the amount involved in the violation or Ten Thousand Dollars ($10,000.00), whichever amount is greater, or imprisoned for not longer than six (6) months, or by both fine and imprisonment. The payment of such fine may not be paid from any campaign contributions.
(6) If an unlawful contribution by a foreign national is unknowingly received, the value of the unlawful contribution shall be paid to the Secretary of State within thirty (30) days of discovery. Any person who fails to remit payment to the Secretary of State within thirty (30) days shall be subject to the penalties set forth in subsection (5). The Secretary of State shall remit any payment received to the Election Support Fund.
SECTION 4. Section 23-15-801, Mississippi Code of 1972, is brought forward as follows:
23-15-801. (a) "Election" means a general, special, primary or runoff election.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office other than a federal elective office. For purposes of this article, an individual shall be deemed to seek nomination for election, or election:
(i) If the individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or
(ii) If the individual has given his or her consent to another person to receive contributions or make expenditures on behalf of the individual and if the other person has received contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.
(c) "Political committee" means any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations that receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or that makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures. Political committee shall, in addition, include each political party registered with the Secretary of State.
(d) "Affiliated organization" means any organization that is not a political committee, but that directly or indirectly establishes, administers or financially supports a political committee.
(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;
(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;
(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party;
(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.
(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;
(ii) "Expenditure" shall not include 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, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.
(g) The term "identification" shall mean:
(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
(ii) In the case of any other person, the full name and address of the person.
(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of the association, committee or organization.
(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.
(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is made without cooperation or consultation with any candidate or any authorized committee or agent of the candidate, and that is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate.
(k) The term "clearly identified" shall mean that:
(i) The name of the candidate involved appears; or
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
SECTION 5. Section 23-15-803, Mississippi Code of 1972, is brought forward as follows:
23-15-803. (1) Each political committee shall file a statement of organization which must be received by the Secretary of State no later than forty-eight (48) hours after:
(a) Receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or
(b) Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
(2) The content of the statement of organization of a political committee shall include:
(a) The name, address, officers, and members of the committee;
(b) The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer; and
(c) If the committee is authorized by a candidate, then the name, address, office sought and party affiliation of the candidate.
(3) Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.
(4) In addition to any other penalties provided by law, the Mississippi Ethics Commission may impose administrative penalties against any political committee that fails to comply with the requirements of this section in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation. The notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this subsection (4). The Mississippi Ethics Commission may pursue judicial enforcement of any penalties issued pursuant to this section.
SECTION 6. Section 23-15-807, Mississippi Code of 1972, is brought forward as follows:
23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report such contributions and disbursements may terminate the obligation to report only upon submitting a final report that contributions will no longer be received or disbursements made and that the candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign the report.
(b) Candidates seeking election, or nomination for election, and political committees making expenditures to influence or attempt to influence voters for or against the nomination for election of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a pre-election report shall be filed no later than the seventh day before any election in which the candidate or political committee has accepted contributions or made expenditures and shall be completed as of the tenth day before the election;
(ii) In 1987 and every fourth year thereafter, periodic reports shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and shall be completed as of the last day of each period;
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year shall be filed no later than January 31 of the following calendar year; and
(iv) Except as otherwise provided in the requirements of paragraph (i) of this subsection (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by paragraphs (ii) and (iii) of this subsection (b).
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file periodic reports in the year in which they are to be elected no later than the tenth day after April 30, May 31, June 30, September 30 and December 31. Candidates for judicial office shall not be required to file an annual report during an election year, but shall file an annual report in all other years.
(d) Each report under this article shall disclose:
(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee, including those required to be identified pursuant to paragraph (ii) of this subsection (d) as well as the total of all other contributions and expenditures during the calendar year. The reports shall be cumulative during the calendar year to which they relate;
(ii) The identification of:
1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;
2. Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to the person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of the expenditure;
(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;
(iv) In addition to the contents of reports specified in paragraphs (i), (ii) and (iii) of this subsection (d), each political party shall disclose:
1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2. Each person or organization who receives an expenditure or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure;
(v) Disclosure required under this section of an expenditure to a credit card issuer, financial institution or business allowing payments and money transfers to be made over the Internet must include, by way of detail or separate entry, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.
(e) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m. on the dates specified in subsection (b) of this section. If the date specified in subsection (b) of this section shall fall on a weekend or legal holiday then the report shall be due in the appropriate office at 5:00 p.m. on the first working day before the date specified in subsection (b) of this section. The reporting candidate or reporting political committee shall ensure that the reports are delivered to the appropriate office by the filing deadline. The Secretary of State may approve specific means of electronic transmission of completed campaign finance disclosure reports, which may include, but not be limited to, transmission by electronic facsimile (FAX) devices.
(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:
1. The name of the receiving candidate;
2. The name of the receiving candidate's political committee, if any;
3. The office sought by the candidate;
4. The identification of the contributor;
5. The date of receipt;
6. The amount of the contribution;
7. If the contribution is in-kind, a description of the in-kind contribution; and
8. The signature of the candidate or the treasurer or chair of the candidate's political organization.
(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 7. Section 23-15-809, Mississippi Code of 1972, is brought forward as follows:
23-15-809. (a) Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section 23-15-807. Such statement shall be filed with the appropriate offices as provided for in Section 23-15-805, and such person shall be considered a political committee for the purpose of determining place of filing.
(b) Statements required to be filed by this subsection shall include:
(i) Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(ii) Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(iii) The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.
SECTION 8. Section 23-15-811, Mississippi Code of 1972, is brought forward as follows:
23-15-811. (a) Any candidate or any other person who willfully violates the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months or by both fine and imprisonment.
(b) In addition to the penalties provided in subsection (a) of this section and Chapter 13, Title 97, Mississippi Code of 1972, any candidate or political committee which is required to file a statement or report and fails to file the statement or report on the date it is due may be compelled to file the statement or report by an action in the nature of a mandamus brought by the Mississippi Ethics Commission.
(c) No candidate shall be certified as nominated for election or as elected to office until he or she files all reports required by this article that are due as of the date of certification.
(d) No person shall be qualified to appear on the ballot if, by the time the candidate is approved to appear on the ballot for the office sought, he or she has failed to file all reports required to be filed within the last five (5) years.
(e) No candidate who is elected to office shall receive any salary or other remuneration for the office until he or she files all reports required by this article that are due as of the date the salary or remuneration is payable.
(f) In the event that a candidate fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported, the candidate shall not be subject to the sanctions of subsections (c) and (d) of this section.
SECTION 9. Section 23-15-813, Mississippi Code of 1972, is brought forward as follows:
23-15-813. (a) In addition to any other penalty permitted by law, the Mississippi Ethics Commission shall require any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report that fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:
(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The list shall be provided to the Mississippi Ethics Commission. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.
(ii) Beginning with the tenth calendar day after which any report is due, the Mississippi Ethics Commission shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. In the discretion of the Mississippi Ethics Commission, the assessing of the fine may be waived, in whole or in part, if the Commission determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with the timely filing of a report. Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty.
(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.
(iv) Payment of the fine without filing the required report does not excuse or exempt any person from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Mississippi Ethics Commission, the candidate or political committee shall pay the fine to the Commission within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Commission, the Commission shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.
(b) (i) Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to subsection (a) of this section, the Secretary of State shall forward the application to the State Board of Election Commissioners. The State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court, to conduct hearings held pursuant to this article. The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy of the notice by certified mail, postage prepaid, to the last-known business address of the candidate or political committee.
(ii) The hearing officer may issue subpoenas for the attendance of witnesses and the production of documents at the hearing. Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.
(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his or her behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.
(iv) At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence, but the determination shall be based upon sufficient evidence to sustain it. The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.
(v) In any proceeding before the hearing officer, if any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any documents called for by a subpoena, the attendance of the witness, the giving of his or her testimony or the production of the documents shall be enforced by a court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last-known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.
(c) (i) The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and the prepayment of all costs, including the cost of preparing the record of the proceedings by the hearing officer, and filing a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer is affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Mississippi Ethics Commission will pay the costs of the appeal and the action in court.
(ii) If there is an appeal, the appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (b), the candidate or political committee identified in subsection (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.
(e) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in subsection (a) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall prosecute the delinquent candidates and political committees.
SECTION 10. Section 23-15-817, Mississippi Code of 1972, is brought forward as follows:
23-15-817. The Secretary of State shall compile a list of all candidates for the Legislature or any statewide office who fail to file a campaign disclosure report by the dates specified in Section 23-15-807(b). The list shall be provided to the Mississippi Ethics Commission so that the Commission may bring a mandamus as provided in Section 23-15-811 or take any other disciplinary action as provided in this chapter. The list shall also be disseminated to the members of the Mississippi Press Association within two (2) working days after such reports are due and made available to the public.
SECTION 11. Section 23-15-821, Mississippi Code of 1972, is brought forward as follows:
23-15-821. (1) The personal use of campaign contributions by any elected public officeholder or by any candidate for public office is prohibited.
(a) For the purposes of this section, "personal use" is defined as any use, other than expenditures related to gaining or holding public office, or performing the functions and duties of public office, for which the candidate for public office or elected public official would be required to treat the amount of the expenditure as gross income under Section 61 of the Internal Revenue Code of 1986, 26 USC Section 61, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended. "Personal use" shall not include donations to a political organization, or to a political action committee, or to another candidate.
(b) "Candidate" shall mean any individual described in Section 23-15-801(b), and shall include any person having been a candidate until such time that the person takes office or files a termination report as provided in this section.
(c) "Officeholder" shall mean any elected or appointed official from the beginning of his or her term of office until that person no longer holds office.
(2) The following personal use expenditures are specifically prohibited under this section:
(a) Any residential or household items, supplies or expenditures, including mortgage, rent or utility payments for any part of any personal residence where a homestead exemption is claimed of a candidate or officeholder or a member of the candidate's or officeholder's family;
(b) Mortgage, rent or utility payments for any part of any nonresidential property that is owned by a candidate or officeholder or a member of a candidate's or officeholder's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;
(c) Funeral, cremation or burial expenses within a candidate's or officeholder's family;
(d) Clothing, other than items of de minimis value that are used for gaining or holding public office or performing the functions and duties of public office;
(e) Automobiles, except for automobile rental expenses and other automobile expenses related to gaining or holding public office or performing the functions and duties of public office;
(f) Tuition payments within a candidate's or officeholder's family other than those associated with training campaign staff or associated with an officeholder's duties;
(g) Salary payments to a member of a candidate's family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to a campaign, any salary payments in excess of the fair market value of the services provided is personal use;
(h) Nondocumented loans of any type, including loans to candidates;
(i) Travel expenses except for travel expenses of a candidate, officeholder or staff member of the officeholder for travel undertaken as an ordinary and necessary expense of gaining or holding public office, or performing the functions and duties of public office or for attending meetings or conferences of officials similar to the office held or sought, or for an issue the legislative body is or will consider, or attending a state or national convention of any party. If a candidate or officeholder uses campaign contributions to pay expenses associated with travel that involves both personal activities and activities related to gaining or holding public office or performing the functions and duties of public office, the incremental expenses that result from the personal activities are personal use, unless the person(s) benefiting from this use reimburse(s) the campaign account within thirty (30) days for the amount of the incremental expenses; and
(j) Payment of any fines, fees or penalties assessed pursuant to Mississippi law.
(3) Any expense that reasonably relates to gaining or holding public office, or performing the functions and duties of public office, is a specifically permitted use of campaign contributions. Such expenditures are not considered personal use expenditures and may include, but are not limited to, the following expenditures:
(a) The defrayal of ordinary and necessary expenses of a candidate or officeholder, including expenses reasonably related to performing the duties of the office held or sought to be held;
(b) Campaign office or officeholder office expenses and equipment, provided the expenditures and the use of the equipment can be directly attributable to the campaign or office held;
(c) Donations to charitable organizations, not-for-profit organizations or for sponsorships, provided the candidate or officeholder does not receive monetary compensation, other than reimbursements of expenses, from the recipient organization;
(d) Gifts of nominal value and donations of a nominal amount made on a special occasion such as a holiday, graduation, marriage, retirement or death, unless made to a member of the candidate's or officeholder's family;
(e) Meal and beverage expenses which are incurred as part of a campaign activity or as a part of a function that is related to the candidate's or officeholder's responsibilities, including meals between and among candidates and/or officeholders that are incurred as an ordinary and necessary expense of seeking, holding or maintaining public office, or seeking, holding or maintaining a position within the Legislature or other publicly elected body;
(f) Reasonable rental or accommodation expenses incurred by an officeholder during a legislative session or a day or days in which the officeholder is required by his or her duties to be at the Capitol or another location outside the officeholder's county of residence. Such rental or accommodation expenses shall not exceed Fifty Dollars ($50.00) per day, if the officeholder receives per diem, or One Hundred Ninety Dollars ($190.00) per day, if the officeholder receives no per diem. Any expenses incurred under this paragraph (f) must be reported as an expenditure pursuant to this section;
(g) Communication access expenses, including mobile devices and Internet access costs. Examples of communication access expenses include, but are not limited to, the following: captioning on television advertisements; video clips; sign language interpreters; computer-aided real-time (CART) services; and assistive listening devices;
(h) Costs associated with memberships to chambers of commerce and civic organizations;
(i) Legal fees and costs associated with any civil action, criminal prosecution or investigation related to conduct reasonably related to the candidacy or performing the duties of the office held.
(4) Upon filing the termination report required under Section 23-15-807, any campaign contributions not used to pay for the expenses of gaining or holding public office or performing the functions and duties of public office shall:
(a) Be maintained in a campaign account(s);
(b) Be donated to a political organization, or to a political action committee, or to another candidate;
(c) Be transferred, in whole or in part, into a newly established political action committee or ballot question advocate;
(d) Be donated to a tax-exempt charitable organization as that term is used in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 USC Section 501, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended;
(e) Be donated to the State of Mississippi; or
(f) Be returned to a donor or donors.
(5) Any candidate for public office or any elected official who willfully violates this section shall be guilty of a misdemeanor and punished by a fine of One Thousand Dollars ($1,000.00) and by a state assessment equal to the amount of misappropriated campaign contributions. The state assessment shall be deposited into the Public Employees' Retirement System. No fine or assessment imposed under this section shall be paid by a third party.
(6) Any contributions accruing to a candidate's or officeholder's campaign account before January 1, 2018, shall be exempt and not subject to the provisions of this section. All exempt contributions must be designated as exempt on all reports filed with the Secretary of State pursuant to the provisions of this chapter.
(7) The Mississippi Ethics Commission shall issue advisory opinions regarding any of the requirements set forth in this section. When any officeholder or candidate requests an advisory opinion, in writing, and has stated all of the facts to govern the opinion, and the Ethics Commission has prepared and delivered the opinion with references to the request, there shall be no civil or criminal liability accruing to or against any officeholder or candidate who, in good faith, follows the direction of the opinion and acts in accordance with the opinion, unless a court of competent jurisdiction, after a full hearing, judicially declares that the opinion is manifestly wrong and without any substantial support. No opinion shall be given or considered if the opinion would be given after judicial proceedings have commenced.
All advisory opinions issued pursuant to the provisions of this subsection (7) shall be made public and shall be issued within ninety (90) days of written request. The request for an advisory opinion shall be confidential as to the identity of the individual making the request. The Ethics Commission shall, so far as practicable and before making public, an advisory opinion issued under the provisions of on this subsection (7), make such deletions and changes thereto as may be necessary to ensure the anonymity of the public official and any other person named in the opinion.
SECTION 12. This act shall take effect and be in force from and after July 1, 2025.
