Bill Text: MS SB2374 | 2016 | Regular Session | Engrossed
Bill Title: Campaign finance; require the itemization of certain expenditures.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-04-18 - Died In Conference [SB2374 Detail]
Download: Mississippi-2016-SB2374-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections
By: Senator(s) Blount, Branning, Barnett, Blackmon, Blackwell, Caughman, Chassaniol, DeBar, Fillingane, Frazier, Harkins, Hill, Jackson (15th), Jolly, Jordan, McMahan, Norwood, Simmons (12th), Stone, Tindell, Watson, Wiggins, Dearing, Jackson (11th)
Senate Bill 2374
(As Passed the Senate)
AN ACT TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ITEMIZATION OF CERTAIN CAMPAIGN EXPENDITURES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-807, Mississippi Code of 1972, is amended 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 may terminate its obligation to report only upon submitting a final report that it will no longer receive any contributions or make any disbursement and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign each such report.
(b) Candidates who are seeking election, or nomination for election, and political committees that make expenditures 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 at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a preelection report, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;
(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year.
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file in the year in which they are to be elected, periodic reports which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.
(d) Contents of reports. 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 which
shall include those required to be identified pursuant to * * * paragraph (ii) of this * * * subsection as well as the
total of all other contributions and expenditures during the calendar year.
Such 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 such 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 such
expenditure * * *;
and
3. The following detailed billing information for any expenditure to a credit card company, other business providing credit card purchase services, Internet payment company or similar entity providing credit or payment services for purchases of goods and services: identification of each vendor paid by the credit card company or similar entity, date of the purchase or payment, and amount of the purchase or payment. Merely identifying aggregate payments to a credit card company or similar entity does not satisfy the requirements of this section.
(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, 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 by a political party 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.
(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 director of the candidate's political committee.
(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 2. This act shall take effect and be in force from and after July 1, 2016.
