Bill Text: MS SB2689 | 2017 | Regular Session | Enrolled
Bill Title: Campaign funds; prohibit personal use of.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2017-04-11 - Approved by Governor [SB2689 Detail]
Download: Mississippi-2017-SB2689-Enrolled.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Elections
By: Senator(s) Doty, Blount, Branning, Caughman, Gollott, Jackson (15th), McDaniel, McMahan, Jackson (11th), Hill
Senate Bill 2689
(As Sent to Governor)
AN ACT TO PROHIBIT THE USE OF CAMPAIGN CONTRIBUTIONS FOR PERSONAL USE; TO PROVIDE FOR THE DISPOSITION OF UNUSED CAMPAIGN FUNDS; TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REVISE THE DEADLINE FOR FILING A STATEMENT OF ORGANIZATION FOR A POLITICAL COMMITTEE TO 48 HOURS; TO REQUIRE THE DISCLOSURE OF THE NAME, ADDRESS, OFFICERS AND MEMBERS OF A POLITICAL COMMITTEE, THE DESIGNATION OF THE CHAIR AND THE CUSTODIAN OF FINANCIAL BOOKS AND RECORDS; TO ALLOW THE MISSISSIPPI ETHICS COMMISSION TO ADMINISTRATIVELY FINE POLITICAL COMMITTEES NOT MORE THAN $5,000.00, PER VIOLATION, FOR FAILING TO COMPLY WITH FILING REQUIREMENTS; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO ALLOW CANDIDATES TO FILE CAMPAIGN FINANCE REPORTS DIRECTLY WITH THE SECRETARY OF STATE BY FAX, EMAIL, POSTAL MAIL OR HAND DELIVERY; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNOPPOSED CANDIDATES ARE NOT REQUIRED TO FILE PRE-ELECTION REPORTS BUT MUST FILE ALL OTHER REPORTS; TO PROVIDE THAT THE REQUIRED DISCLOSURE OF AN EXPENDITURE TO A CREDIT CARD ISSUER, FINANCIAL INSTITUTION OR BUSINESS ALLOWING PAYMENTS AND MONEY TRANSFERS TO BE MADE OVER THE INTERNET TO INCLUDE, EITHER BY DETAIL OR A SEPARATE ENTITY, MUST INCLUDE THE AMOUNT OF THE FUNDS PASSING TO EACH PERSON, BUSINESS ENTITY OR ORGANIZATION RECEIVING FUNDS FROM THE EXPENDITURE; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE MISSISSIPPI ETHICS COMMISSION MAY BRING A MANDAMUS ACTION TO COMPEL THE REQUIRED CAMPAIGN FINANCE DISCLOSURE REPORTS; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-15-817, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE LIST OF CANDIDATES WHO FAILED TO FILE A CAMPAIGN FINANCE REPORT BE PROVIDED TO THE MISSISSIPPI ETHICS COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The personal use of campaign contributions by any elected public office holder 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 1. 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 2. 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
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 3. Section 23-15-803, Mississippi Code of 1972, is amended 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 4. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (a) Candidates 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.
(b) Candidates 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 via facsimile, electronic mail, postal mail or hand delivery. 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 via facsimile, electronic mail, postal mail or hand delivery. 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.
* * *
SECTION 5. 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 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.
(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 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 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.
(e) 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 * * *by him as of the date on which the sanctions of paragraphs (c) and (d) of
this section would be applied to him, such, the candidate
shall not be subject to the sanctions of * * * subsections (c) and (d) of
this section.
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 * * * 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 * * *Secretary of State 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 8. Section 23-15-817, Mississippi Code of 1972, is amended 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 9. This act shall take effect and be in force from and after January 1, 2018.
