Bill Text: VA HB1446 | 2017 | Regular Session | Prefiled
Bill Title: Campaign finance; permitted use of excess funds.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2017-02-08 - Left in Privileges and Elections [HB1446 Detail]
Download: Virginia-2017-HB1446-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §24.2-948.4 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 3 of Chapter 9.3 of Title 24.2 a section numbered 24.2-948.5 as follows:
§24.2-948.4. Final report requirement; disbursement of surplus funds.
A. A final report shall be filed by every campaign committee
which sets forth (i) all receipts and disbursements not previously reported,
(ii) an accounting of the retirement of all debts, and (iii) the disposition of
all surplus funds as provided in
subsection D pursuant
to the provisions of §24.2-948.5.
The final report shall include a termination statement, signed by the
candidate, that all reporting for the campaign committee is complete and final.
Once a campaign committee's final report has been filed, no further report
relating to that election shall be required.
B. A final report shall be required when (i) a candidate no longer seeks election to the same office in a successive election, (ii) a candidate seeks election to a different office, or (iii) the candidate is deceased.
C. If the candidate is deceased, the final report shall be
filed and signed by the treasurer. If the candidate was serving as his own
treasurer, his executor shall file and sign the final report. Any excess contributed surplus funds shall be
disposed of pursuant to the provisions of
subsection D §24.2-948.5.
D. Amounts received by
a candidate or his campaign committee as contributions that are in excess of
the amount necessary to defray his campaign expenditures may be disposed of
only by one or any combination of the following: (i) transferring the excess
for use in a succeeding election or to retire the deficit in a preceding
election; (ii) returning the excess to a contributor in an amount not to exceed
the contributor's original contribution; (iii) donating the excess to any
organization described in §170(c) of the Internal Revenue Code; (iv)
contributing the excess to one or more candidates or to any political committee
that has filed a statement of organization pursuant to this chapter; (v)
contributing the excess to any political party committee; and (vi) defraying
any ordinary, nonreimbursed expense related to his elective office. It shall be
unlawful for any person to convert any contributed moneys, securities, or like
intangible personal property to his personal use or to the use of a member of the
candidate's "immediate family" as that term is defined in §30-101.
§24.2-948.5. Permitted use of excess funds.
A. Amounts received by a candidate or his campaign committee as contributions that are in excess of the amount necessary to defray his campaign expenditures may be disposed of only by one or any combination of the following: (i) transferring the excess for use in a succeeding election or to retire the deficit in a preceding election; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in §170(c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political party committee; and (vi) defraying any ordinary, nonreimbursed expense related to his elective office.
B. It is unlawful for any person to convert any contributed moneys, securities, or like intangible personal property to his personal use or to the use of a member of the candidate's immediate family as that term is defined in §30-101.
