House Bill No. 177

Introduced By cobb

A Bill for an Act entitled: "An Act generally revising election and campaign laws; revising the time for filing a declaration for nomination; revising the time for certifying ballots; revising the amounts of expenditures from petty cash funds; making campaign contribution limits apply to an election cycle; increasing contribution limits and providing for inflationary adjustments to limits; allowing increased contributions in certain circumstances; requiring reports of politically related activity expenditures from certain tax exempt organizations; ~~eliminating the requirement that certain candidates report the receipt of a contribution of $100 or more within 48 hours of receipt;~~ and amending sections 13-10-201, 13-10-208, 13-12-201, 13-37-215, 13-37-216, 13-37-225, 13-37-226, 13-37-229, and 13-37-230, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1. Section 13-10-201, MCA, is amended to read:

"13-10-201. Declaration for nomination. (1) Each candidate in the primary election, except nonpartisan candidates filing under the provisions of chapter 14, shall send a declaration for nomination to the secretary of state or election administrator. Each candidate for governor shall send a joint declaration for nomination with a candidate for lieutenant governor.

(2) A declaration for nomination must be filed in the office of:

(a) the secretary of state for a congressional office, state or district office to be voted for in more than one county, member of the legislature, or judge of the district court;

(b) the election administrator for a county, municipal, precinct, or district office (other than a member of the legislature or judge of the district court) to be voted for in only one county.

(3) Each candidate shall sign the declaration and send with it the required filing fee or, in the case of an indigent candidate, send with it the documents required by 13-10-203. The declaration for nomination must be acknowledged by an officer empowered to acknowledge signatures if sent by mail or by the officer of the office at which the filing is made.

(4) The declaration, when filed, is conclusive evidence that the elector is a candidate for nomination by the elector's party.

(5) (a) The declaration for nomination must be in the form and contain the information prescribed by the secretary of state.

(b) A person seeking nomination to the legislature shall provide the secretary of state with a street address, legal description, or road designation to indicate the person's place of residence. If a candidate for the legislature changes residence, the candidate shall, within 15 days after the change, notify the secretary of state on a form prescribed by the secretary of state.

(c) The secretary of state and election administrator shall furnish declaration for nomination forms to individuals requesting them.

(6) Declarations for nomination must be filed no sooner than 135 days before the election in which the office first appears on the ballot and no later than 5 p.m., 75 85 days before the date of the primary election."

Section 2. Section 13-10-208, MCA, is amended to read:

"13-10-208. Certificate of primary ballot -- printing ballot. (1) Not more than 75 85 days and not less than 67 days before the date of the primary election, the secretary of state shall certify to the election administrators the names and designations of candidates, except as provided in 13-37-126, and any ballot issues as shown in the official records of the secretary of state's office in the manner provided in 13-10-209 and chapter 12, part 2, of this title.

(2) Not more than 67 days and not less than 62 days before the date of the primary election, the election administrator shall certify the names and designations of candidates, except as provided in 13-37-126, and any ballot issues as shown in the official record of the election administrator's office and have the official ballots printed in the manner provided in 13-10-209 and chapter 12, part 2, of this title.

(3) If a candidate for the legislature is no longer eligible under Article V, section 4, of the Montana constitution to seek the office for which the candidate has filed because the candidate has changed residence, the secretary of state shall notify the candidate that the candidate is required to withdraw as provided in 13-10-325."

Section 3. Section 13-12-201, MCA, is amended to read:

"13-12-201. Secretary of state to certify ballot. (1) ~~Seventy-five days or more before an election, except~~ Except as provided in 13-10-208, 85 days or more before an election, the secretary of state shall certify to the election administrators the name and party or other designation of each candidate entitled to appear on the ballot and the ballot issues as shown in the official records of the secretary of state's office, which must include the notification specified in 13-37-126.

(2) The election administrator shall certify the name and party or other designation of each candidate entitled to appear on the ballot and the ballot issues as shown in the official records of the election administrator's office, which must include the notification specified in 13-37-126, and shall have the official ballots printed.

Section 4. Section 13-37-215, MCA, is amended to read:

"13-37-215. Petty cash funds allowed. (1) The campaign treasurer for each candidate or political committee is authorized to withdraw the following amount each week from the primary depository for the purpose of providing a petty cash fund for the candidate or political committee:

(a) for all statewide candidates and political committees filing reports pursuant to 13-37-226(1), ~~$100~~ $200 per week; and

(b) for all other candidates and political committees, ~~$25~~ $50 per week.

(2) The petty cash fund may be spent for office supplies, transportation expenses, postage stamps, and other necessities in an amount of less than ~~$25~~ $40. Petty cash ~~shall~~ may not be used for the purchase of time, space, or services from any communications medium."

Section 5. Section 13-37-216, MCA, is amended to read:

"13-37-216. Limitations on contributions -- inflation adjustment. (1) (a) ~~Aggregate~~ Except as provided in subsection (7) ~~and subject to subsection (1)(c)~~, aggregate contributions for each election cycle in a campaign by a political committee or by an individual, other than the candidate, to a candidate are limited as follows:

(i) for candidates filed jointly for the office of governor and lieutenant governor, not to exceed ~~$400~~ $800;

(ii) for a candidate to be elected for state office in a statewide election, other than the candidates for governor and lieutenant governor, not to exceed ~~$200~~ $400;

(iii) for a candidate for any other public office, not to exceed ~~$100~~ $200.

(b) A contribution to a candidate includes contributions made to the candidate's committee and to any political committee organized on the candidate's behalf.

~~(c) Each candidate for an office listed in subsection (1)(a) may receive an additional contribution of up to $100 from an individual Montana elector during an election cycle.~~

(2) (a) A political committee that is not independent of the candidate is considered to be organized on the candidate's behalf. For the purposes of this section, an independent committee means a committee ~~which~~ that is not specifically organized on behalf of a particular candidate, ~~or which~~ that is not controlled either directly or indirectly by a candidate or candidate's committee, and ~~which~~ that does not act jointly with a candidate or candidate's committee in conjunction with the making of expenditures or accepting contributions.

(b) A leadership political committee maintained by a political officeholder is considered to be organized on the political officeholder's behalf.

(3) All political committees except those of political party organizations are subject to the provisions of subsections (1) and (2). For purposes of this subsection, "political party organization" means any political organization that was represented on the official ballot at the most recent gubernatorial election. Political party organizations may form political committees that are subject to the following aggregate limitations from all political party committees:

(a) for candidates filed jointly for the offices of governor and lieutenant governor, not to exceed ~~$15,000~~ $30,000;

(b) for a candidate to be elected for state office in a statewide election, other than the candidates for governor and lieutenant governor, not to exceed ~~$5,000~~ $10,000;

(d) for a candidate for the state senate, not to exceed ~~$800~~ $1,600;

(e) for a candidate for any other public office, not to exceed ~~$500~~ $1,000.

(4) A candidate may not accept any contributions in excess of the limits in this section.

(5) For purposes of this section, "election cycle" means the general election or and a primary election ~~that involves two or more candidates for the same nomination~~. ~~If there is not a contested primary, there is only one election to which the contribution limits apply. If there is a contested primary, then there are two elections to which the~~ The contribution limits apply to the entire election cycle regardless of whether the primary election is contested.

(6) The contribution limitations in this section must be multiplied by the inflation factor as defined in 15-30-101(8) for the year in which general elections are held after 2000. The resulting figure must be rounded off to the nearest $50 increment. The commissioner shall publish the revised limitations as a rule.

(7) If a person's opponent in a campaign has contributed $5,000 or more of the individual's own funds or has received $5,000 or more of in-kind contributions, a candidate may raise the same amount of funds as the opponent has contributed or the same amount of in-kind contributions received from any source."

Section 6. Section 13-37-225, MCA, is amended to read:

"13-37-225. Reports of contributions and expenditures required. (1) Except as provided in 13-37-206, each candidate and political committee shall file periodic reports of contributions and expenditures made by or on the behalf of a candidate or political committee. All reports required by this chapter ~~shall~~ must be filed with the commissioner and with the election administrator of the county in which a candidate is a resident or the political committee has its headquarters. However, ~~where~~ when residency within a district, county, city, or town is not a prerequisite for being a candidate, copies of all reports ~~shall~~ must be filed with the election administrator of the county in which the election is to be held or, if the election is to be held in more than one county, with the election administrator in the county that the commissioner specifies.

(2) In lieu of all contribution and expenditure reports required by this chapter, the commissioner shall accept copies of the reports filed by candidates for congress and president of the United States and their political committees pursuant to the requirements of federal law.

(3) An entity that is exempt from taxation under 26 U.S.C. 501(c)(3) or 26 U.S.C. 501(c)(4) that spends more than $10,000 in an election cycle for politically related activities in Montana shall file the report required by this section. The commissioner shall define politically related activities by rule. For purposes of this section, "election cycle" has the meaning provided in 13-37-216."

Section 7. Section 13-37-226, MCA, is amended to read:

"13-37-226. Time for filing reports. (1) Candidates for a state office filled by a statewide vote of all the electors of Montana and political committees that are organized to support or oppose a particular statewide candidate shall file reports:

(a) quarterly, due on the fifth day following a calendar quarter, beginning with the calendar quarter in which funds are received or expended during the year or years prior to the election year that the candidate expects to be on the ballot;

(b) on the 10th day of March and September in each year that an election is to be held and on the 15th and 5th days preceding the date on which an election is held and within 24 hours after receiving a contribution of ~~$500~~ $200 or more if received between the 10th day before the election and the day of the election;

(d) on the 10th day of March and September of each year following an election until the candidate or political committee files a closing report as specified in 13-37-228(3).

(2) Political committees organized to support or oppose a particular statewide ballot issue shall file reports:

(b) on the 10th day of March and on the 10th day of each subsequent month through September;

(d) within 24 hours after receiving a contribution of ~~$500~~ $200 or more if received between the 10th day before the election and the day of the election;

(e) within 20 days after the election; and

(f) on the 10th day of March and September of each year following an election until the political committee files a closing report as specified in 13-37-228(3).

(3) Candidates for a state district office, including but not limited to candidates for the legislature, the public service commission, or a district court judge, and political committees that are specifically organized to support or oppose a particular state district candidate or issue shall file reports:

(a) on the 12th day preceding the date on which an election is held ~~and within 48 hours after receiving a contribution of $100 or more if received between the 17th day before the election and the day of the election~~ AND WITHIN 48 HOURS AFTER RECEIVING A CONTRIBUTION OF $100 OR MORE IF RECEIVED BETWEEN THE 17TH DAY BEFORE THE ELECTION AND THE DAY OF THE ELECTION. The report under this subsection (3)(a) may be made by mail or by electronic communication to the clerk and recorder and the commissioner ~~of political practices~~.

(b) not more than 20 days after the date of the election; and

(4) Candidates for any other public office and political committees that are specifically organized to support or oppose a particular local issue shall file the reports specified in subsection (3) only if the total amount of contributions received or the total amount of funds expended for all elections in a campaign, excluding the filing fee paid by the candidate, exceeds $500, except as provided in 13-37-206.

(5) For the purposes of this subsection, a committee that is not specifically organized to support or oppose a particular candidate or ballot issue and that receives contributions and makes expenditures in conjunction with an election is an independent committee. For the purpose of reporting, a political party committee is an independent committee. An independent committee shall file:

(a) a report on the 12th day preceding the date of an election in which it participates by making an expenditure;

(b) a report not more than 20 days after the date of the election in which it participates by making an expenditure; and

(6) The commissioner may promulgate rules regarding the extent to which organizations that are not primary political committees but are incidental political committees shall report their politically related activities in accordance with this chapter.

(7) All reports required by this section must be complete as of the fifth day before the date of filing as specified in 13-37-228(2) and this section."

Section 8. Section 13-37-229, MCA, is amended to read:

"13-37-229. Disclosure of contributions received. Each report required by this chapter ~~shall~~ must disclose the following information:

(1) the amount of cash on hand at the beginning of the reporting period;

(2) the full name, mailing address, occupation, and employer, if any, of each person who has made aggregate contributions, other than loans, of $35 or more to a candidate, or a political committee, or an entity subject to 13-37-225(3) (including the purchase of tickets and other items for events, such as dinners, luncheons, rallies, and similar fundraising events);

(3) for each person identified under subsection (2), the aggregate amount of contributions made by that person within the reporting period and the total amount of contributions made by that person for all reporting periods;

(4) the total sum of individual contributions made to or for a political committee, or a candidate, or an entity subject to 13-37-225(3) and not reported under subsections (2) and (3) of this section;

(5) the name and address of each political committee, or candidate, or entity subject to 13-37-225(3) from which the reporting committee or candidate received any transfer of funds, together with the amount and dates of all transfers;

(6) each loan from any person during the reporting period, together with the full names, mailing addresses, occupations, and employers, if any, of the lender and endorsers, if any, and the date and amount of each loan;

(7) the amount and nature of debts and obligations owed to a political committee or candidate, in the form prescribed by the commissioner;

(8) an itemized account of proceeds that total less than $35 from a person from mass collections made at fundraising events;

(9) each contribution, rebate, refund, or other receipt not otherwise listed under subsections (2) through (8) ~~of this section~~ during the reporting period;

(10) the total sum of all receipts received by or for the committee, or candidate, or entity subject to 13-37-225(3) during the reporting period; and

(11) other information that may be required by the commissioner to fully disclose the sources of funds used to support or oppose candidates or issues."

Section 9. Section 13-37-230, MCA, is amended to read:

"13-37-230. Disclosure of expenditures made. Each report required by this chapter ~~shall~~ must disclose the following information, except that a candidate ~~shall only~~ may be required to report the information specified in this section only if the transactions involved were undertaken for the purpose of influencing an election:

(1) the full name and mailing address (occupation and the principal place of business, if any) of each person to whom expenditures have been made by the committee, or the candidate, or an entity subject to 13-37-225(3) during the reporting period, including the amount, date, and purpose of each expenditure and the total amount of expenditures made to each person;

(2) the full name and mailing addresses (occupation and the principal place of business, if any) of each person to whom an expenditure for personal services, salaries, and reimbursed expenses have been made, including the amount, date, and purpose of that expenditure and the total amount of expenditures made to each person;

(3) the total sum of expenditures made by a political committee, or a candidate, or an entity subject to 13-37-225(3) during the reporting period;

(4) the name and address of each political committee, or candidate, or entity subject to 13-37-225(3) to which the reporting committee, or a candidate, or an entity subject to 13-37-225(3) made any transfer of funds, together with the amount and dates of all transfers;

(5) the name of any person to whom a loan was made during the reporting period, including the full name and mailing address (occupation and principal place of business, if any) of that person, and the full name and mailing address (occupation and principal place of business, if any) of the endorsers, if any, and the date and amount of each loan;

(6) the amount and nature of debts and obligations owed by a political committee, or a candidate, or an entity subject to 13-37-225(3) in the form prescribed by the commissioner;

(7) other information that may be required by the commissioner to fully disclose the disposition of funds used to support or oppose candidates or issues."

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