Bill Text: MS SB2585 | 2024 | Regular Session | Introduced
Bill Title: Campaign finance; reform.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2585 Detail]
Download: Mississippi-2024-SB2585-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) Tate
Senate Bill 2585
AN ACT TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, TO DEFINE CAMPAIGN COMMITTEE AND INDEPENDENT EXPENDITURE-ONLY COMMITTEE; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATES AND POLITICAL COMMITTEES TO FILE A STATEMENT OF ORGANIZATION PRIOR TO RECEIVING CONTRIBUTIONS AND MAKING EXPENDITURES; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATE COMMITTEES TO FILE REPORTS AND AMEND THE POLITICAL COMMITTEE FILING PROCESS; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO REQUIRE A CANDIDATE COMMITTEE TO FILE A TERMINATION REPORT TO TERMINATE OBLIGATIONS TO SUBMIT REQUIRED REPORTS; TO AMEND SECTION 23-15-809, MISSISSIPPI CODE OF 1972, TO PENALIZE INDEPENDENT EXPENDITURE-ONLY COMMITTEES WHO RECEIVE PROHIBITED CONTRIBUTIONS; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO EXPAND PENALTIES FOR FAILING TO FILE ALL REQUIRED REPORTS WITH THE SECRETARY OF STATE'S OFFICE; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO TRANSFER CERTAIN ASSESSMENT RESPONSIBILITIES OF THE MISSISSIPPI ETHICS COMMISSION TO THE SECRETARY OF STATE; TO BRING FORWARD SECTIONS 23-15-815, 23-15-817 AND 23-15-819, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-821, MISSISSIPPI CODE OF 1972, TO REMOVE CONTRIBUTION EXEMPTION FOR CONTRIBUTIONS MADE PRIOR TO JANUARY 1, 2018; TO CREATE NEW SECTION 23-15-821.1, MISSISSIPPI CODE OF 1972, TO CREATE CORPORATION CONTRIBUTION LIMITS; TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO PROVIDE PROHIBITIONS ON CAMPAIGN FINANCE ACTIVITIES; TO CREATE NEW SECTION 23-15-825, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL PROCEDURE FOR AUDITING CAMPAIGN FINANCE ACCOUNTS; TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, TO CREATE A FINE FOR FAILURE TO COMPLY WITH THE CAMPAIGN MATERIALS PROVISIONS OF THIS SECTION; TO CREATE NEW SECTION 97-13-47, MISSISSIPPI CODE OF 1972, TO CREATE CRIMINAL PENALTIES FOR THE WRONGFUL DISSEMINATION OF DEEPFAKES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-801, Mississippi Code of 1972, is amended 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 * * * a contribution
or has made * * *
an expenditure 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 * * * a contribution during a calendar year, or
has made * * * an expenditure during
a calendar year.
(c) "Campaign committee" means a committee established by a candidate for the purpose of receiving contributions and making expenditures to obtain elected office.
( * * *d) "Political committee"
means any committee, party, club, association, political action committee, * * * independent expenditure-only committee,
or other groups of persons or affiliated organizations that * * * receive a contribution during a
calendar year or that * * *
make an expenditure 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 committees shall, in addition, include each
political party registered with the Secretary of State.
(e) "Independent expenditure-only committee" means a political committee that certifies in its statement of organization that it will not make any contributions, including in-kind contributions, to any candidate committee.
( * * *f) "Affiliated organization"
means any organization that is not a political committee, but that directly or
indirectly establishes, administers or financially supports a political
committee.
( * * *g) (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; or
(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.
( * * *h) (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 * * * 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 * * * a written
contract, promise * * *
or agreement to make such an expenditure.
( * * *i) 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.
( * * *j) 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.
( * * *k) The term "person" shall
mean any individual, family, firm, corporation, partnership, association or
other legal entity.
( * * *l) 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.
( * * *m) 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 2. Section 23-15-803, Mississippi Code of 1972, is amended as follows:
23-15-803. (1) Each candidate
or political committee shall file a statement of organization which must be
received by the Secretary of State * * *
prior to the candidate or political committee receiving contributions or making
expenditures. All candidates will be required to establish a candidate committee
and will report all contributions and expenditures made seeking elective office
through the candidate committee. A candidate may be the sole member and treasurer
of a candidate committee.
* * *
(2) The content of the statement of organization of a candidate 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, which must reside in Mississippi;
(c) The name, address, office sought and party affiliation of the candidate; and
(d) The name of the FDIC-insured financial institution(s) that the candidate committee will have campaign finance monies located.
( * * *3) 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; * * *
(c) * * *
The name of the FDIC-insured financial institution(s) that the political
committee will have campaign finance monies located; and
(d) The election cycles, as set forth in Section 23-15-807, in which the political committee will be making expenditures. A political committee may amend its statement of organization to add or remove election cycles in which it will be making expenditures. However, a political committee shall not make an expenditure in an election cycle that it has not previously provided for on its statement of organization until an amended statement of organization is filed with the Secretary of State. A political committee shall file all periodic reports required for the election cycle(s) that it has designated on its statement of organization.
( * * *4) Any change in information
previously submitted in a statement of organization shall be reported * * *
within thirty (30) days of the change occurring or on the next regularly
scheduled report, whichever is sooner.
(5) Both candidate committees and political committees must keep detailed accounts of any funds received or expended by the committee. These records may be reviewed before, during or after the election when:
(a) A sworn complaint, under penalty of perjury, of violations of campaign finance requirements that sets forth with specificity any violations is submitted to the Mississippi Ethics Commission and the Mississippi Ethics Commission finds that the detailed accounts should be reviewed based on the sworn complaint; or
(b) In reviewing any campaign finance filings, the Secretary of State discovers substantial discrepancies in reported amounts. The Secretary of State shall submit any discovered substantial discrepancies to the Mississippi Ethics Commission, which shall determine whether the detailed accounts should be reviewed based on the submitted substantial discrepancies.
If the Mississippi Ethics Commission determines that a review of the detailed accounts is warranted, then the Mississippi Ethics Commission shall inform the State Auditor, who shall then perform a review, unless the candidate in question is the State Auditor or an opponent of the State Auditor, in which case the Mississippi Ethics Commission shall appoint a certified accountant in good standing with the Mississippi State Board of Public Accountancy.
( * * *6) In addition to any other penalties
provided by law, the * * * Secretary of State shall impose
administrative penalties of One Thousand Dollars ($1,000.00) against any
political committee that fails to * * * file
a statement of organization. The Secretary of State shall impose
administrative penalties of Five Hundred Dollars ($500.00) against any
candidate committee that fails to file a statement of organization.
(7) The notice, hearing
and appeals provisions of Section 23-15-813 shall apply to any action taken
pursuant to this subsection (4). The * * * Secretary of State
may pursue judicial enforcement of any penalties issued pursuant to this
section.
(8) The contact information provided on the statement of organization shall not be subject to public disclosure.
SECTION 3. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (a) * * * Candidate
committees shall file all reports required under this article with the
Office of the Secretary of State through an electronic campaign finance
filing system. Political committees shall file all reports required by
this section in accordance with the election cycle they provided on their
statement of organization. A political committee that begins making
expenditures in an election cycle must file all required reports for that
election cycle unless they file a termination report.
(b) * * *
The Secretary of State * * * 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.
SECTION 4. Section 23-15-807, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2027, this section shall read as follows:]
23-15-807. (a) Each candidate
committee 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 * * * termination report that * * * the committee has no outstanding
debts or obligations, has disbursed all remaining funds in accordance with
Section 23-15-821(4), and will cease to receive contributions or make
disbursements. The candidate, treasurer or chief executive officer shall sign
the report.
(b) * * * Candidate committees and candidates
seeking election, or nomination for election, and political committees * * * 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 * * * the
year in which the Governor is elected, which shall be designated as the gubernatorial
election cycle on the statement of organization as required by 23-15-803, 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) * * * A report covering the calendar year shall be filed
no later than January 31 of the following calendar year, except no committee
shall be required to file an annual report for a calendar year in which they were
required to file periodic reports; 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 * * * shall file periodic
reports in the year in which they are to be elected, which shall be
designated as the judicial election cycle on the statement of organization
required by 23-15-803, no later than the tenth day after April 30, May 31, June
30, September 30 and December 31. * * * All candidate committees for judicial candidates
shall file an annual report in accordance with subsection (b)(iii) of this
section.
(d) All candidate committees for candidates for municipal office in 2025 and every fourth year thereafter, which shall be designated as the municipal election cycle on the statement of organization required by Section 23-15-805, shall file periodic reports. Periodic reports shall be filed no later than the tenth day after February 28, April 30, and December 31, and shall be completed as of the last day of each period. All candidate committees for municipal candidates shall file an annual report in accordance with subsection (b)(iii) of this section.
( * * *e) 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 ( * * *e) 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, candidate committee or political committee who makes a contribution to the reporting candidate committee 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 * * *, candidate
committee, organization, candidate or political committee who receives an expenditure,
payment or other transfer from the reporting candidate committee, political
committee or its agent, employee, designee, contractor, consultant or other person
or persons acting * * * on 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, purpose
and amount of the expenditure;
3. If the candidate committee or political committee has received any service, performance or anything of value during a reporting period but has yet to make payment or other transfer, the service, performance or anything of value received in exchange for a future payment or other transfer shall be reported during the reporting period it was received with a designation that a payment or other transfer is to be made at a later date;
(iii) Any interest, dividends or income earned by investment of monies held by a campaign committee or political committee shall not be reported as a contribution but shall be reported as a separate category;
( * * *iv) The total amount of cash on hand
of each reporting candidate and reporting political committee;
( * * *v) In addition to the contents of reports
specified in paragraphs (i), (ii) * * *, (iii) and (iv) of this subsection
( * * *e),
each political party shall disclose:
1. Each person, candidate committee 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,
candidate committee or organization who receives an 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;
( * * *vi) 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.
( * * *f) 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., or 11:59 p.m. if electronically submitted, 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.
( * * *g) (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.
[From and after January 1, 2027, this section shall read as follows:]
The notification shall be in writing, and may be transmitted through the electronic campaign finance filing system unless the Secretary of State has approved other means, 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 5. Section 23-15-809, Mississippi Code of 1972, is amended 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.
(c) Any candidate, or their representative, who cooperates, consults with, acts in concert with, or requests or suggests, an independent expenditure-only committee, that has received contributions from an entity covered under Section 23-15-821.1, makes an expenditure that seeks to influence the election in which the candidate is on the ballot, will be subject to the penalties section of Section 23-15-821.1.
(d) Any independent expenditure-only committee, that has received contributions from an entity covered under Section 23-15-821.1, that makes an independent expenditure in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized candidate committee or agent of such candidate shall be subject to the penalties of Section 23-15-821.1(b)(1).
SECTION 6. Section 23-15-811, Mississippi Code of 1972, is amended 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.
(g) Any person or entity that is required to file a campaign finance report and is more than twenty (20) days delinquent may not receive any contributions or make any expenditures until the person or entity has filed the required report.
(h) The Secretary of State shall send notice to the person or entity by certified mail and electronically once the person or entity becomes more than twenty (20) days delinquent in the filing of any report. The notice shall inform the person or entity that it shall be prohibited from receiving any further contributions or making any further expenditures until it has filed all reports.
(i) Any person or entity that is more than twenty (20) days delinquent and receives or makes a contribution or disbursement while delinquent shall be assessed an administrative penalty by the Secretary of State as follows:
(i) For the first offense, Five Hundred Dollars ($500.00) or five percent (5%) of the total contributions and expenditures while delinquent, whichever is greater.
(ii) For the second offense, One Thousand Dollars ($1,000.00) or ten percent (10%) of the total contributions and expenditures while delinquent, whichever is greater.
(iii) For the third offense, One Thousand Five Hundred Dollars ($1,500.00) or fifteen percent (15%) of the total contributions and expenditures while delinquent, whichever is greater.
(iv) Any administrative fines received by the Secretary of State under this section shall be deposited into the Election Support Fund.
SECTION 7. Section 23-15-813, Mississippi Code of 1972, is amended as follows:
23-15-813. (a) In addition
to any other penalty permitted by law, the * * * Secretary of State
shall require any candidate committee 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 * * * two (2) 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 * * * candidate committees and political committees who
have failed to file a report. * * * 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 and through electronic communications if sufficient contact
information has been previously provided.
(ii) Beginning with
the * * * fifth
calendar day after which any report is due, or the day following the day
after preelection reports are due, the * * * Secretary of State
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. However,
the civil penalty shall increase to One Hundred Dollars ($100.00) per day if
the candidate committee or political committee has been previously fined within
the last four (4) years. The civil penalty shall increase to Two Hundred Dollars
($200.00) per day if the candidate committee or political committee has been
fined twice within the last four (4) years. In the discretion of the * * * Secretary of State,
the assessing of the fine may be waived, in whole or in part, if the * * * Secretary of State 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 committee
or political committee is assessed a civil penalty, and the penalty is not subsequently
waived by the * * * Secretary of State after request by the candidate
committee or political committee, the candidate or political committee
shall pay the fine to the * * * Secretary of State 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 * * * Secretary of State, the * * * Secretary of State 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 committee 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 * * * Mississippi
Ethics Commission. The * * * Mississippi
Ethics Commission 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 committee or political committee and
notice of the time and place of the hearing to be served upon the candidate committee
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 committee 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 the 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 * * *
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 committee 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 candidate committee and political
committees.
SECTION 8. Section 23-15-815, Mississippi Code of 1972, is brought forward as follows:
23-15-815. (a) The Secretary of State shall prescribe and make available forms and promulgate rules and regulations necessary to implement 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 three (3) years from the date of receipt.
SECTION 9. 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 10. Section 23-15-819, Mississippi Code of 1972, is brought forward 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) No person shall solicit, accept or receive any such contribution from a foreign national.
(3) 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.
SECTION 11. Section 23-15-821, Mississippi Code of 1972, is amended 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 donated to a political
organization, or to a political action committee, or to another candidate;
( * * *b) Be transferred, in whole or in
part, into a newly established political action committee or ballot question
advocate;
( * * *c) 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;
( * * *d) Be donated to the State of Mississippi;
or
( * * *e) 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) 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 ( * * *6) shall be made public and shall be
issued within ninety (90) days of a 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 * * * this subsection ( * * *6), 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. The following shall be codified as Section 23-15-821.1, Mississippi Code of 1972:
23-15-821.1. (1) It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting on behalf of such candidates, or any political committee that is not an independent expenditure-only committee shall be an annual limitation applicable to each calendar year.
(2) Any entity or person that is prohibited from receiving in excess of One Thousand Dollars ($1,000.00) from a corporation, incorporated company or incorporated association, or agent officer, or employee thereof, in a calendar year and receives such a contribution shall be assessed a civil penalty by the Secretary of State unless the entity or person returned the portion of the contribution in excess of One Thousand Dollars ($1,000.00) within ten (10) days of receipt of the contribution. However, if the contribution is received less than thirty (30) days prior to the election the excess contribution must be returned within two (2) days of receipt.
(a) The civil penalty shall be:
(i) One Thousand Dollars ($1,000.00) for the first offense within a five-year period;
(ii) Two Thousand Five Hundred Dollars ($2,500.00) for the second offense within a five-year period; and
(iii) Five Thousand Dollars ($5,000.00) for the third offense within a five-year period.
(b) Payment of the administrative fine does not alleviate the requirement that the campaign, candidate committee or political party return the excessive amount of the contribution. If by the next reporting period, the campaign, committee, or political party has not returned the excessive contribution, the entity shall be assessed an administrative penalty equal to the excess amount. Payment of this administrative penalty shall not be limited to the limitations set forth in 23-15-821.
(c) The notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this section. The Secretary of State may pursue judicial enforcement of any penalties issued pursuant to this section.
(d) Any administrative penalty received by the Secretary of State under this section shall be deposited into the Election Support Fund.
SECTION 13. The following shall be codified as Section 23-15-823, Mississippi Code of 1972:
23-15-823. (1) A political committee shall be prohibited from receiving or making a contribution, expenditure or any other transfer of funds to any other political committee, tax-exempt political organization under 26 USC Section 527, entity registered with the Federal Election Commission or political committee registered in another state. Nothing herein shall prohibit a political committee from making a contribution, expenditure or any other transfer of funds to a candidate committee.
(2) A candidate, or their representatives, which shall include treasurers of candidate committees, shall not knowingly establish, use, direct or control more than one (1) political committee for the purpose of influencing the election for the office of which the candidate is seeking. This shall not prohibit any person from participation in a political committee that supports a slate of candidates, or joint-fund raising by candidates, unless the political committee makes a substantial amount of expenditures in support of a candidate or in opposition of another candidate seeking the same office as the candidate. Evidence of a substantial amount of expenditures shall include, but not be limited to, contributions from the political committee to the candidate committee, independent expenditures in support of the candidate or expenditures in opposition to an opponent of a candidate.
(3) No candidate committee or political committee shall have a prechecked or premarked box for contribution amounts or authorizations for recurring contributions on any communications that request a contribution.
SECTION 14. The following shall be codified as Section 23-15-825, Mississippi Code of 1972:
23-15-825. (1) In the calendar year following the election for statewide offices or the election of circuit court judges, the Secretary of State shall randomly select no more than three percent (3%) of registered candidate committees or political committees to conduct an audit. The Secretary of State shall establish a standard, scientific method of selecting the committees that are to be audited so that every committee to be audited has an equal mathematical chance of being selected. However, only committees that were required to file a periodic report during the previous calendar year shall be required to be audited. The Secretary of State shall not select additional registered committees to conduct an audit to replace any of the originally selected committees that do not fully meet the requirements to be audited.
(2) Notwithstanding the above provision, any committee owing unpaid administrative fines at the time of the random selection shall also be required to be audited.
(3) The audit shall be conducted by the State Auditor, unless a selected committee is the candidate committee for the State Auditor, in which case a certified accountant in good standing with the Mississippi Board of Public Accountancy shall audit the candidate committee of the State Auditor.
(4) The State Auditor or certified accountant in good standing with the Mississippi Board of Public Accountancy, whichever is applicable, shall submit the findings of any audit to the Mississippi Secretary of State's Office, which shall be kept as a record in accordance with 23-15-805(d).
(5) If the audit finds any discrepancy in reporting, then the audit committee will have thirty (30) days to respond and file an amended report. However, if the audit finds any indication of intent to intentionally violate campaign finance requirements, then the audit report shall be submitted to the Attorney General.
(6) This section shall take effect January 1, 2027.
SECTION 15. Section 23-15-897, Mississippi Code of 1972, is amended as follows:
23-15-897. (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Campaign
materials" include any materials designed to influence voters for or
against any candidate, party or measure to be voted on at any election, or
containing information about any candidate, party or measure paid for by a
candidate, political committee * * * or independent expenditure which requires
disclosure under campaign finance laws.
(b) "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution, including, but not limited to, radio.
(c) "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.
(2) No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:
(a) The name of the candidate along with a statement that the message is approved by the candidate; or
(b) If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or
(c) If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.
(3) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.
(4) The information required by subsection (2) of this section shall be printed in a manner in which the required language can be easily read. Failure to conform with subsection (2) of this section shall result in an administrative fine of One Thousand Dollars ($1,000.00) to be assessed by the Secretary of State.
SECTION 16. The following shall be codified as Section 97-13-47, Mississippi Code of 1972:
97-13-47. (1) As used in this section, the following terms have the meanings given, unless context clearly provides otherwise.
(a) "Candidate" means an individual who seeks nomination or election to a federal, statewide, state district, legislative, judicial, county, county district or municipal office.
(b) "Deepfake" means any picture, video recording, sound recording, electronic image or any digital representation of speech or conduct that:
(i) A reasonable person would believe depicts the speech and/or conduct of an individual who did not engage in the speech and/or conduct as presented; and
(ii) The production of which was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate such an individual.
(c) "Depicted individual" means an individual in a deepfake who appears to be engaging in speech or conduct.
(d) "Disseminates" means transmitting a deepfake to another person through social media, electronic mail, video sharing services, or any other physical or electronic method.
(2) A person who disseminates a deepfake or enters into a contract or other agreement to disseminate a deepfake is guilty of a crime and may be sentenced as provided in subsection (3) of this section if the person knows or reasonably should know that the item being disseminated is a deepfake and the dissemination:
(a) Takes place within ninety (90) days of an election; and
(b) Disseminated without the consent of the depicted individual; and
(c) Disseminated with the intent to injure a candidate, influence the result of an election or deter any person from voting.
(3) A person convicted under this section may be sentenced as follows:
(a) If the person commits the violation with intent to cause violence, bodily harm, or to deter any person from voting, or has been previously convicted under this section within the last five (5) years to imprisonment for no more than five (5) years or to a payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(b) In other cases, to imprisonment for not more than one (1) year or to a payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(4) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by:
(a) The Attorney General;
(b) A district attorney if the depicted individual is a resident within their district, or if the deepfake could or has impacted their district;
(c) The depicted individual;
(d) A candidate for nomination or election to a public office who is injured or likely to be injured by dissemination; or
(e) A political party whose nominee is on the ballot who would be injured or likely to be injured by dissemination.
(5) Clear and prominent language displayed throughout the deepfake that informs the viewer that the depicted individual did not engage in the depicted speech and/or conduct shall be a defense to prosecution.
SECTION 17. This act shall take effect and be in force from and after July 1, 2024.
