Senate Bill sb0716c1

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    Florida Senate - 2006                   CS for SB's 716 & 2660

    By the Committee on Ethics and Elections; and Senators Posey,
    Rich, Wilson, Margolis and Aronberg




    582-2222-06

  1                      A bill to be entitled

  2         An act relating to campaign finance; amending

  3         s. 106.011, F.S.; redefining the terms

  4         "political committee," "contribution,"

  5         "expenditure," "communications media," and

  6         "electioneering communication"; defining the

  7         term "electioneering communications

  8         organization"; amending s. 106.03, F.S.;

  9         revising the registration requirements for

10         political committees and electioneering

11         communications organizations; creating s.

12         106.0703, F.S.; establishing campaign finance

13         reporting requirements for electioneering

14         communications organizations; amending s.

15         106.0705, F.S.; incorporating the new campaign

16         finance reporting requirements for

17         electioneering communications organizations

18         into the Department of State's electronic

19         campaign finance reporting system; amending s.

20         106.08, F.S.; prohibiting the use of certain

21         contributions received by an electioneering

22         communications organization proximate to an

23         election; establishing conditions for the

24         receipt of certain contributions by

25         electioneering communications organizations;

26         prohibiting certain state officeholders, state

27         legislators, and candidates from soliciting or

28         accepting contributions on behalf of certain

29         organizations; establishing exemptions;

30         reenacting ss. 106.07, 106.08(8), and 106.19,

31         F.S., relating to reports, certification and

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 1         filing, and penalty provisions, to incorporate

 2         the amendments made by this act to ss. 106.03

 3         and 106.08, F.S., in references thereto;

 4         providing effective dates.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Subsections (1), (3), (4), (13), and (18)

 9  of section 106.011, Florida Statutes, are amended, and

10  subsection (19) is added to that section, to read:

11         106.011  Definitions.--As used in this chapter, the

12  following terms have the following meanings unless the context

13  clearly indicates otherwise:

14         (1)(a)  "Political committee" means:

15         1.  A combination of two or more individuals, or a

16  person other than an individual, that, in an aggregate amount

17  in excess of $500 during a single calendar year:

18         a.  Accepts contributions for the purpose of making

19  contributions to any candidate, political committee, committee

20  of continuous existence, or political party;

21         b.  Accepts contributions for the purpose of expressly

22  advocating the election or defeat of a candidate or the

23  passage or defeat of an issue;

24         c.  Makes expenditures that expressly advocate the

25  election or defeat of a candidate or the passage or defeat of

26  an issue; or

27         d.  Makes contributions to a common fund, other than a

28  joint checking account between spouses, from which

29  contributions are made to any candidate, political committee,

30  committee of continuous existence, or political party;

31  

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 1         2.  The sponsor of a proposed constitutional amendment

 2  by initiative who intends to seek the signatures of registered

 3  electors.

 4         (b)  Notwithstanding paragraph (a), the following

 5  entities are not considered political committees for purposes

 6  of this chapter:

 7         1.  Organizations which are certified by the Department

 8  of State as committees of continuous existence pursuant to s.

 9  106.04, national political parties, and the state and county

10  executive committees of political parties regulated by chapter

11  103.

12         2.  Corporations regulated by chapter 607 or chapter

13  617 or other business entities formed for purposes other than

14  to support or oppose issues or candidates, if their political

15  activities are limited to contributions to candidates,

16  political parties, or political committees or expenditures in

17  support of or opposition to an issue from corporate or

18  business funds and if no contributions are received by such

19  corporations or business entities.

20         3.  Electioneering communications organizations

21  pursuant to subsection (19) Organizations whose activities are

22  limited to making expenditures for electioneering

23  communications or accepting contributions for the purpose of

24  making electioneering communications; however, such

25  organizations shall be required to register and report

26  contributions, including those received from committees of

27  continuous existence, and expenditures in the same manner, at

28  the same time, subject to the same penalties, and with the

29  same filing officer as a political committee supporting or

30  opposing a candidate or issue contained in the electioneering

31  communication, except as otherwise specifically provided in

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 1  this chapter. If any such organization would be required to

 2  register and report with more than one filing officer, the

 3  organization shall register and report solely with the

 4  Division of Elections.

 5         (3)  "Contribution" means:

 6         (a)  A gift, subscription, conveyance, deposit, loan,

 7  payment, or distribution of money or anything of value,

 8  including contributions in kind having an attributable

 9  monetary value in any form, made for the purpose of

10  influencing the results of an election or making an

11  electioneering communication.

12         (b)  A transfer of funds between political committees,

13  between committees of continuous existence, between

14  electioneering communications organizations, or between any

15  combination of these groups or between a political committee

16  and a committee of continuous existence.

17         (c)  The payment, by any person other than a candidate

18  or political committee, of compensation for the personal

19  services of another person which are rendered to a candidate

20  or political committee without charge to the candidate or

21  committee for such services.

22         (d)  The transfer of funds by a campaign treasurer or

23  deputy campaign treasurer between a primary depository and a

24  separate interest-bearing account or certificate of deposit,

25  and the term includes any interest earned on such account or

26  certificate.

27  

28  Notwithstanding the foregoing meanings of "contribution," the

29  word shall not be construed to include services, including,

30  but not limited to, legal and accounting services, provided

31  without compensation by individuals volunteering a portion or

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 1  all of their time on behalf of a candidate or political

 2  committee. This definition shall not be construed to include

 3  editorial endorsements.

 4         (4)(a)  "Expenditure" means a purchase, payment,

 5  distribution, loan, advance, transfer of funds by a campaign

 6  treasurer or deputy campaign treasurer between a primary

 7  depository and a separate interest-bearing account or

 8  certificate of deposit, or gift of money or anything of value

 9  made for the purpose of influencing the results of an election

10  or making an electioneering communication. However,

11  "expenditure" does not include a purchase, payment,

12  distribution, loan, advance, or gift of money or anything of

13  value made for the purpose of influencing the results of an

14  election when made by an organization, in existence prior to

15  the time during which a candidate qualifies or an issue is

16  placed on the ballot for that election, for the purpose of

17  printing or distributing such organization's newsletter,

18  containing a statement by such organization in support of or

19  opposition to a candidate or issue, which newsletter is

20  distributed only to members of such organization.

21         (b)  As used in this chapter, an "expenditure" for an

22  electioneering communication is made when the earliest of the

23  following occurs:

24         1.  A person enters into executes a contract for

25  applicable goods or services;

26         2.  A person makes payment, in whole or in part, for

27  the production or public dissemination of applicable goods or

28  services; or

29         3.  The electioneering communication is publicly

30  disseminated.

31  

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 1         (13)  "Communications media" means broadcasting

 2  stations, newspapers, magazines, outdoor advertising

 3  facilities, printers, direct mail mailing companies,

 4  advertising agencies, the Internet, and telephone companies;

 5  but with respect to telephones, an expenditure shall be deemed

 6  to be an expenditure for the use of communications media only

 7  if made for the costs of telephones, paid telephonists, or

 8  automatic telephone equipment to be used by a candidate or a

 9  political committee to communicate with potential voters but

10  excluding any costs of telephones incurred by a volunteer for

11  use of telephones by such volunteer; however, with respect to

12  the Internet, an expenditure shall be deemed an expenditure

13  for use of communications media only if made for the cost of

14  creating or disseminating a message on a computer information

15  system accessible by more than one person but excluding

16  internal communications of a campaign or of any group.

17         (18)(a)  "Electioneering communication" means a paid

18  expression in any communications media prescribed in

19  subsection (13) by means other than the spoken word in direct

20  conversation that:

21         1.  Refers to or depicts a clearly identified candidate

22  for office or contains a clear reference indicating that an

23  issue is to be voted on at an election, without expressly

24  advocating the election or defeat of a candidate or the

25  passage or defeat of an issue.

26         2.  For communications referring to or depicting a

27  clearly identified candidate for office, is targeted to the

28  relevant electorate. A communication is considered targeted if

29  1,000 or more persons in the geographic area the candidate

30  would represent if elected will receive the communication.

31  

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 1         3.  For communications referring to or depicting a

 2  clearly identified candidate for office, is published after

 3  the end of the candidate qualifying period for the office

 4  sought by the candidate. 

 5         4.  For communications containing a clear reference

 6  indicating that an issue is to be voted on at an election, is

 7  published after the issue is designated a ballot position or

 8  120 days before the date of the election on the issue,

 9  whichever occurs first.

10         (b)  The term "electioneering communication" does not

11  include:

12         1.  A statement or depiction by an organization, in

13  existence prior to the time during which a candidate named or

14  depicted qualifies or an issue identified is placed on the

15  ballot for that election, made in that organization's

16  newsletter, which newsletter is distributed only to members of

17  that organization.

18         2.  An editorial endorsement, news story, commentary,

19  or editorial by any newspaper, radio, television station, or

20  other recognized news medium.

21         3.  A communication that constitutes a public debate or

22  forum that includes at least two opposing candidates for an

23  office or one advocate and one opponent of an issue, or that

24  solely promotes such a debate or forum and is made by or on

25  behalf of the person sponsoring the debate or forum, provided

26  that:

27         a.  The staging organization is either:

28         (I)  A charitable organization that does not make other

29  electioneering communications and does not otherwise support

30  or oppose any political candidate or political party; or

31  

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 1         (II)  A newspaper, radio station, television station,

 2  or other recognized news medium; and

 3         b.  The staging organization does not structure the

 4  debate to promote or advance one candidate or issue position

 5  over another.

 6         (c)  For purposes of this chapter, an expenditure made

 7  for, or in furtherance of, an electioneering communication

 8  shall not be considered a contribution to or on behalf of any

 9  candidate.

10         (d)  For purposes of this chapter, an electioneering

11  communication shall not constitute an independent expenditure

12  nor be subject to the limitations applicable to independent

13  expenditures.

14         (19)  "Electioneering communications organization"

15  means any group, other than a political party, political

16  committee, or committee of continuous existence, whose

17  activities are limited to making expenditures for

18  electioneering communications or accepting contributions for

19  the purpose of making electioneering communications.

20         Section 2.  Section 106.03, Florida Statutes, is

21  amended to read:

22         106.03  Registration of political committees.--

23         (1)(a)  Each political committee that which anticipates

24  receiving contributions or making expenditures during a

25  calendar year in an aggregate amount exceeding $500 or that

26  which is seeking the signatures of registered electors in

27  support of an initiative shall file a statement of

28  organization as provided in subsection (3) within 10 days

29  after its organization or, if later, within 10 days after the

30  date on which it has information that which causes the

31  committee to anticipate that it will receive contributions or

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 1  make expenditures in excess of $500.  If a political committee

 2  is organized within 10 days of any election, it shall

 3  immediately file the statement of organization required by

 4  this section.

 5         (b)  Each electioneering communications organization

 6  that anticipates receiving contributions or making

 7  expenditures shall file a statement of organization as

 8  provided in subsection (3) by expedited delivery within 24

 9  hours after its organization or, if later, within 24 hours

10  after the date on which it has information that causes the

11  organization to anticipate that it will receive contributions

12  or make expenditures for an electioneering communication.

13         (2)  The statement of organization shall include:

14         (a)  The name and street address of the committee;

15         (b)  The names, street addresses, and relationships of

16  affiliated or connected organizations;

17         (c)  The area, scope, or jurisdiction of the committee;

18         (d)  The name, street address, and position of the

19  custodian of books and accounts;

20         (e)  The name, street address, and position of other

21  principal officers, including officers and members of the

22  finance committee, if any;

23         (f)  The name, address, office sought, and party

24  affiliation of:

25         1.  Each candidate whom the committee is supporting;

26         2.  Any other individual, if any, whom the committee is

27  supporting for nomination for election, or election, to any

28  public office whatever;

29         (g)  Any issue or issues such organization is

30  supporting or opposing;

31  

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 1         (h)  If the committee is supporting the entire ticket

 2  of any party, a statement to that effect and the name of the

 3  party;

 4         (i)  A statement of whether the committee is a

 5  continuing one;

 6         (j)  Plans for the disposition of residual funds which

 7  will be made in the event of dissolution;

 8         (k)  A listing of all banks, safe-deposit boxes, or

 9  other depositories used for committee funds; and

10         (l)  A statement of the reports required to be filed by

11  the committee with federal officials, if any, and the names,

12  addresses, and positions of such officials.

13         (3)(a)  A political committee which is organized to

14  support or oppose statewide, legislative, or multicounty

15  candidates or issues to be voted upon on a statewide or

16  multicounty basis shall file a statement of organization with

17  the Division of Elections.

18         (b)  Except as provided in paragraph (c), a political

19  committee which is organized to support or oppose candidates

20  or issues to be voted on in a countywide election or

21  candidates or issues in any election held on less than a

22  countywide basis shall file a statement of organization with

23  the supervisor of elections of the county in which such

24  election is being held.

25         (c)  A political committee which is organized to

26  support or oppose only candidates for municipal office or

27  issues to be voted on in a municipal election shall file a

28  statement of organization with the officer before whom

29  municipal candidates qualify.

30         (d)  Any political committee which would be required

31  under this subsection to file a statement of organization in

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 1  two or more locations by reason of the committee's intention

 2  to support or oppose candidates or issues at state or

 3  multicounty and local levels of government need file only with

 4  the Division of Elections.

 5         (4)  Any change in information previously submitted in

 6  a statement of organization shall be reported to the agency or

 7  officer with whom such committee is required to register

 8  pursuant to subsection (3), within 10 days following the

 9  change.

10         (5)  Any committee which, after having filed one or

11  more statements of organization, disbands or determines it

12  will no longer receive contributions or make expenditures

13  during the calendar year in an aggregate amount exceeding $500

14  shall so notify the agency or officer with whom such committee

15  is required to file the statement of organization.

16         (6)  If the filing officer finds that a political

17  committee has filed its statement of organization consistent

18  with the requirements of subsection (2), it shall notify the

19  committee in writing that it has been registered as a

20  political committee. If the filing officer finds that a

21  political committee's statement of organization does not meet

22  the requirements of subsection (2), it shall notify the

23  committee of such finding and shall state in writing the

24  reasons for rejection of the statement of organization.

25         (7)  The Division of Elections shall promulgate rules

26  to prescribe the manner in which inactive committees may be

27  dissolved and have their registration canceled. Such rules

28  shall, at a minimum, provide for:

29         (a)  Notice which shall contain the facts and conduct

30  which warrant the intended action, including but not limited

31  to failure to file reports and limited activity.

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 1         (b)  Adequate opportunity to respond.

 2         (c)  Appeal of the decision to the Florida Elections

 3  Commission.  Such appeals shall be exempt from the

 4  confidentiality provisions of s. 106.25.

 5         Section 3.  Section 106.0703, Florida Statutes, is

 6  created to read:

 7         106.0703  Electioneering communications organizations;

 8  additional reporting requirements.--

 9         (1)  In addition to the reporting requirements in s.

10  106.07, an electioneering communications organization shall,

11  within 2 days after receiving its initial password or secure

12  sign-on from the Department of State allowing confidential

13  access to the department's electronic campaign finance filing

14  system, electronically file the periodic campaign finance

15  reports that would have been required pursuant to s. 106.07

16  for reportable activities that occurred since the date of the

17  last general election.

18         (2)  In addition to the reporting requirements in s.

19  106.07, an electioneering communications organization shall

20  electronically file a supplemental report of each contribution

21  of $5,000 or more received by the organization within 2 days

22  after receipt. The supplemental report must include the

23  information required in s. 106.07(4)(a)1.-5. The

24  electioneering communications organization shall also include

25  each contribution reported pursuant to this subsection on the

26  quarterly or periodic campaign finance report pursuant to s.

27  106.07 for the reporting period in which the contribution was

28  received.

29         Section 4.  Section 106.0705, Florida Statutes, is

30  amended to read:

31  

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 1         106.0705  Electronic filing of campaign treasurer's

 2  reports.--

 3         (1)  As used in this section, "electronic filing

 4  system" means an Internet system for recording and reporting

 5  campaign finance activity by reporting period.

 6         (2)(a)  Each candidate who is required to file reports

 7  pursuant to s. 106.07 with the division must file such reports

 8  with the division by means of the division's electronic filing

 9  system.

10         (b)  Each political committee, committee of continuous

11  existence, electioneering communications organization, or

12  state executive committee that is required to file reports

13  with the division under s. 106.04, s. 106.07, s. 106.0703, or

14  s. 106.29, as applicable, must file such reports with the

15  division by means of the division's electronic filing system.

16         (c)  Each person or organization that is required to

17  file reports with the division under s. 106.071 must file such

18  reports with the division by means of the division's

19  electronic filing system.

20         (3)  Reports filed pursuant to this section shall be

21  completed and filed through the electronic filing system not

22  later than midnight of the day designated. Reports not filed

23  by midnight of the day designated are late filed and are

24  subject to the penalties under s. 106.04(8), s. 106.07(8), or

25  s. 106.29(3), as applicable.

26         (4)  Each report filed pursuant to this section is

27  considered to be under oath by the candidate and treasurer or

28  the chair and treasurer, whichever is applicable, and such

29  persons are subject to the provisions of s. 106.04(4)(d), s.

30  106.07(5), or s. 106.29(2), as applicable. Persons given a

31  secure sign-on to the electronic filing system are responsible

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 1  for protecting such from disclosure and are responsible for

 2  all filings using such credentials, unless they have notified

 3  the division that their credentials have been compromised.

 4         (5)  The electronic filing system developed by the

 5  division must:

 6         (a)  Be based on access by means of the Internet.

 7         (b)  Be accessible by anyone with Internet access using

 8  standard web-browsing software.

 9         (c)  Provide for direct entry of campaign finance

10  information as well as upload of such information from

11  campaign finance software certified by the division.

12         (d)  Provide a method that prevents unauthorized access

13  to electronic filing system functions.

14         (6)  The division shall adopt rules pursuant to ss.

15  120.536(1) and 120.54 to administer this section and provide

16  for the reports required to be filed pursuant to this section.

17  Such rules shall, at a minimum, provide:

18         (a)  Alternate filing procedures in case the division's

19  electronic filing system is not operable.

20         (b)  For the issuance of an electronic receipt to the

21  person submitting the report indicating and verifying that the

22  report has been filed.

23         (7)  Notwithstanding anything in law to the contrary,

24  any report required to have been filed under this section for

25  the period ended March 31, 2005, shall be deemed to have been

26  timely filed if the report is filed under this section on or

27  before June 1, 2005.

28         Section 5.  Effective upon this act becoming a law,

29  subsections (5) and (7) of section 106.08, Florida Statutes,

30  are amended to read:

31         106.08  Contributions; limitations on.--

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 1         (5)(a)  A person may not make any contribution through

 2  or in the name of another, directly or indirectly, in any

 3  election.

 4         (b)  Candidates, political committees, and political

 5  parties may not solicit contributions from any religious,

 6  charitable, civic, or other causes or organizations

 7  established primarily for the public good.

 8         (c)  Candidates, political committees, and political

 9  parties may not make contributions, in exchange for political

10  support, to any religious, charitable, civic, or other cause

11  or organization established primarily for the public good. It

12  is not a violation of this paragraph for:

13         1.  A candidate, political committee, or political

14  party executive committee to make gifts of money in lieu of

15  flowers in memory of a deceased person;

16         2.  A candidate to continue membership in, or make

17  regular donations from personal or business funds to,

18  religious, political party, civic, or charitable groups of

19  which the candidate is a member or to which the candidate has

20  been a regular donor for more than 6 months; or

21         3.  A candidate to purchase, with campaign funds,

22  tickets, admission to events, or advertisements from

23  religious, civic, political party, or charitable groups.

24         (d)  The Governor, the Lieutenant Governor, members of

25  the Cabinet, state legislators, and candidates for any of

26  these offices may not, directly or indirectly, solicit, cause

27  to be solicited, or accept any contribution on behalf of a

28  political committee, committee of continuous existence,

29  electioneering communications organization, or any

30  organization exempt from taxation under 26 U.S.C. s. 527 or s.

31  501(c)(4); however, such persons may solicit, cause to be

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 1  solicited, or accept a contribution on behalf of their own

 2  political party, their own campaign, or the campaign of any

 3  other candidate.

 4         (7)(a)  Any person who knowingly and willfully makes,

 5  solicits, or accepts no more than one contribution in

 6  violation of subsection (1) or subsection (5), or any person

 7  who knowingly and willfully fails or refuses to return any

 8  contribution as required in subsection (3), commits a

 9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083.  If any corporation, partnership, or

11  other business entity or any political party, political

12  committee, or committee of continuous existence is convicted

13  of knowingly and willfully violating any provision punishable

14  under this paragraph, it shall be fined not less than $1,000

15  and not more than $10,000.  If it is a domestic entity, it may

16  be ordered dissolved by a court of competent jurisdiction; if

17  it is a foreign or nonresident business entity, its right to

18  do business in this state may be forfeited.  Any officer,

19  partner, agent, attorney, or other representative of a

20  corporation, partnership, or other business entity or of a

21  political party, political committee, or committee of

22  continuous existence who aids, abets, advises, or participates

23  in a violation of any provision punishable under this

24  paragraph commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (b)  Any person who knowingly and willfully makes,

27  solicits, or accepts two or more contributions in violation of

28  subsection (1) or subsection (5) commits a felony of the third

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.  If any corporation, partnership, or other

31  business entity or any political party, political committee,

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 1  or committee of continuous existence is convicted of knowingly

 2  and willfully violating any provision punishable under this

 3  paragraph, it shall be fined not less than $10,000 and not

 4  more than $50,000.  If it is a domestic entity, it may be

 5  ordered dissolved by a court of competent jurisdiction; if it

 6  is a foreign or nonresident business entity, its right to do

 7  business in this state may be forfeited.  Any officer,

 8  partner, agent, attorney, or other representative of a

 9  corporation, partnership, or other business entity, or of a

10  political committee, committee of continuous existence, or

11  political party who aids, abets, advises, or participates in a

12  violation of any provision punishable under this paragraph

13  commits a felony of the third degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084.

15         Section 6.  Subsection (4) of section 106.08, Florida

16  Statutes, is amended, subsections (5) and (7) of that section,

17  as amended by this act, are amended, and subsection (8) of

18  that section is reenacted, to read:

19         106.08  Contributions; limitations on.--

20         (4)(a)  Any contribution received by the chair,

21  campaign treasurer, or deputy campaign treasurer of a

22  political committee supporting or opposing a candidate with

23  opposition in an election or supporting or opposing an issue

24  on the ballot in an election on the day of that election or

25  less than 5 days prior to the day of that election may not be

26  obligated or expended by the committee until after the date of

27  the election.

28         (b)  Any contribution received by an electioneering

29  communications organization on the day of an election or less

30  than 10 days prior to the day of that election may not be

31  obligated or expended by the organization until after the date

                                  17

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  of the election, and may not be expended to pay for any

 2  obligation arising prior to the election.

 3         (5)(a)  A person may not make any contribution through

 4  or in the name of another, directly or indirectly, in any

 5  election.

 6         (b)  Candidates, political committees, and political

 7  parties may not solicit contributions from any religious,

 8  charitable, civic, or other causes or organizations

 9  established primarily for the public good.

10         (c)  Candidates, political committees, and political

11  parties may not make contributions, in exchange for political

12  support, to any religious, charitable, civic, or other cause

13  or organization established primarily for the public good. It

14  is not a violation of this paragraph for:

15         1.  A candidate, political committee, or political

16  party executive committee to make gifts of money in lieu of

17  flowers in memory of a deceased person;

18         2.  A candidate to continue membership in, or make

19  regular donations from personal or business funds to,

20  religious, political party, civic, or charitable groups of

21  which the candidate is a member or to which the candidate has

22  been a regular donor for more than 6 months; or

23         3.  A candidate to purchase, with campaign funds,

24  tickets, admission to events, or advertisements from

25  religious, civic, political party, or charitable groups.

26         (d)  The Governor, the Lieutenant Governor, members of

27  the Cabinet, state legislators, and candidates for any of

28  these offices may not, directly or indirectly, solicit, cause

29  to be solicited, or accept any contribution on behalf of a

30  political committee, committee of continuous existence,

31  electioneering communications organization, or any

                                  18

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  organization exempt from taxation under 26 U.S.C. s. 527 or s.

 2  501(c)(4); however, such persons may solicit, cause to be

 3  solicited, or accept a contribution on behalf of their own

 4  political party, their own campaign, or the campaign of any

 5  other candidate.

 6         (e)  An electioneering communications organization may

 7  not accept a contribution from an organization exempt from

 8  taxation under 26 U.S.C. s. 527 or s. 501(c)(4), other than a

 9  political committee, committee of continuous existence, or

10  political party, unless the contributing organization has

11  registered as if it were an electioneering communications

12  organization pursuant to s. 106.03 and has filed all campaign

13  finance reports required of electioneering communications

14  organizations pursuant to ss. 106.07 and 106.0703.

15         (7)(a)  Any person who knowingly and willfully makes,

16  solicits, or accepts no more than one contribution in

17  violation of subsection (1) or subsection (5), or any person

18  who knowingly and willfully fails or refuses to return any

19  contribution as required in subsection (3), commits a

20  misdemeanor of the first degree, punishable as provided in s.

21  775.082 or s. 775.083.  If any corporation, partnership, or

22  other business entity or any political party, political

23  committee, or committee of continuous existence, or

24  electioneering communications organization is convicted of

25  knowingly and willfully violating any provision punishable

26  under this paragraph, it shall be fined not less than $1,000

27  and not more than $10,000.  If it is a domestic entity, it may

28  be ordered dissolved by a court of competent jurisdiction; if

29  it is a foreign or nonresident business entity, its right to

30  do business in this state may be forfeited.  Any officer,

31  partner, agent, attorney, or other representative of a

                                  19

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  corporation, partnership, or other business entity or of a

 2  political party, political committee, or committee of

 3  continuous existence, electioneering communications

 4  organization, or organization exempt from taxation under 26

 5  U.S.C. s. 527 or s. 501(c)(4), who aids, abets, advises, or

 6  participates in a violation of any provision punishable under

 7  this paragraph commits a misdemeanor of the first degree,

 8  punishable as provided in s. 775.082 or s. 775.083.

 9         (b)  Any person who knowingly and willfully makes,

10  solicits, or accepts two or more contributions in violation of

11  subsection (1) or subsection (5) commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.  If any corporation, partnership, or other

14  business entity or any political party, political committee,

15  or committee of continuous existence, or electioneering

16  communications organization is convicted of knowingly and

17  willfully violating any provision punishable under this

18  paragraph, it shall be fined not less than $10,000 and not

19  more than $50,000.  If it is a domestic entity, it may be

20  ordered dissolved by a court of competent jurisdiction; if it

21  is a foreign or nonresident business entity, its right to do

22  business in this state may be forfeited.  Any officer,

23  partner, agent, attorney, or other representative of a

24  corporation, partnership, or other business entity, or of a

25  political committee, committee of continuous existence, or

26  political party, electioneering communications organization,

27  or organization exempt from taxation under 26 U.S.C. s. 527 or

28  s. 501(c)(4), who aids, abets, advises, or participates in a

29  violation of any provision punishable under this paragraph

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

                                  20

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1         (8)  Except when otherwise provided in subsection (7),

 2  any person who knowingly and willfully violates any provision

 3  of this section shall, in addition to any other penalty

 4  prescribed by this chapter, pay to the state a sum equal to

 5  twice the amount contributed in violation of this chapter.

 6  Each campaign treasurer shall pay all amounts contributed in

 7  violation of this section to the state for deposit in the

 8  General Revenue Fund.

 9         Section 7.  For the purpose of incorporating the

10  amendments made by this act to section 106.03, Florida

11  Statutes, in a reference thereto, section 106.07, Florida

12  Statutes, is reenacted to read:

13         106.07  Reports; certification and filing.--

14         (1)  Each campaign treasurer designated by a candidate

15  or political committee pursuant to s. 106.021 shall file

16  regular reports of all contributions received, and all

17  expenditures made, by or on behalf of such candidate or

18  political committee.  Reports shall be filed on the 10th day

19  following the end of each calendar quarter from the time the

20  campaign treasurer is appointed, except that, if the 10th day

21  following the end of a calendar quarter occurs on a Saturday,

22  Sunday, or legal holiday, the report shall be filed on the

23  next following day which is not a Saturday, Sunday, or legal

24  holiday.  Quarterly reports shall include all contributions

25  received and expenditures made during the calendar quarter

26  which have not otherwise been reported pursuant to this

27  section.

28         (a)  Except as provided in paragraph (b), following the

29  last day of qualifying for office, the reports shall be filed

30  on the 32nd, 18th, and 4th days immediately preceding the

31  primary and on the 46th, 32nd, 18th, and 4th days immediately

                                  21

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  preceding the election, for a candidate who is opposed in

 2  seeking nomination or election to any office, for a political

 3  committee, or for a committee of continuous existence.

 4         (b)  Following the last day of qualifying for office,

 5  any statewide candidate who has requested to receive

 6  contributions from the Election Campaign Financing Trust Fund

 7  or any statewide candidate in a race with a candidate who has

 8  requested to receive contributions from the trust fund shall

 9  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

10  to the primary election, and on the 4th, 11th, 18th, 25th,

11  32nd, 39th, 46th, and 53rd days prior to the general election.

12         (c)  Following the last day of qualifying for office,

13  any unopposed candidate need only file a report within 90 days

14  after the date such candidate became unopposed.  Such report

15  shall contain all previously unreported contributions and

16  expenditures as required by this section and shall reflect

17  disposition of funds as required by s. 106.141.

18         (d)1.  When a special election is called to fill a

19  vacancy in office, all political committees and committees of

20  continuous existence making contributions or expenditures to

21  influence the results of such special election shall file

22  campaign treasurers' reports with the filing officer on the

23  dates set by the Department of State pursuant to s. 100.111.

24         2.  When an election is called for an issue to appear

25  on the ballot at a time when no candidates are scheduled to

26  appear on the ballot, all political committees making

27  contributions or expenditures in support of or in opposition

28  to such issue shall file reports on the 18th and 4th days

29  prior to such election.

30  

31  

                                  22

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1         (e)  The filing officer shall provide each candidate

 2  with a schedule designating the beginning and end of reporting

 3  periods as well as the corresponding designated due dates.

 4         (2)(a)  All reports required of a candidate by this

 5  section shall be filed with the officer before whom the

 6  candidate is required by law to qualify. All candidates who

 7  file with the Department of State shall file their reports

 8  pursuant to s. 106.0705. In addition, a copy of each report

 9  for candidates for other than statewide office who qualify

10  with the Department of State shall be filed with the

11  supervisor of elections in the county where the candidate

12  resides. Except as provided in s. 106.0705, reports shall be

13  filed not later than 5 p.m. of the day designated; however,

14  any report postmarked by the United States Postal Service no

15  later than midnight of the day designated shall be deemed to

16  have been filed in a timely manner. Any report received by the

17  filing officer within 5 days after the designated due date

18  that was delivered by the United States Postal Service shall

19  be deemed timely filed unless it has a postmark that indicates

20  that the report was mailed after the designated due date. A

21  certificate of mailing obtained from and dated by the United

22  States Postal Service at the time of mailing, or a receipt

23  from an established courier company, which bears a date on or

24  before the date on which the report is due, shall be proof of

25  mailing in a timely manner. Reports shall contain information

26  of all previously unreported contributions received and

27  expenditures made as of the preceding Friday, except that the

28  report filed on the Friday immediately preceding the election

29  shall contain information of all previously unreported

30  contributions received and expenditures made as of the day

31  

                                  23

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  preceding that designated due date. All such reports shall be

 2  open to public inspection.

 3         (b)1.  Any report which is deemed to be incomplete by

 4  the officer with whom the candidate qualifies shall be

 5  accepted on a conditional basis, and the campaign treasurer

 6  shall be notified by registered mail as to why the report is

 7  incomplete and be given 3 days from receipt of such notice to

 8  file an addendum to the report providing all information

 9  necessary to complete the report in compliance with this

10  section. Failure to file a complete report after such notice

11  constitutes a violation of this chapter.

12         2.  In lieu of the notice by registered mail as

13  required in subparagraph 1., the qualifying officer may notify

14  the campaign treasurer by telephone that the report is

15  incomplete and request the information necessary to complete

16  the report. If, however, such information is not received by

17  the qualifying officer within 3 days after the telephone

18  request therefor, notice shall be sent by registered mail as

19  provided in subparagraph 1.

20         (3)  Reports required of a political committee shall be

21  filed with the agency or officer before whom such committee

22  registers pursuant to s. 106.03(3) and shall be subject to the

23  same filing conditions as established for candidates' reports.

24  Incomplete reports by political committees shall be treated in

25  the manner provided for incomplete reports by candidates in

26  subsection (2).

27         (4)(a)  Each report required by this section shall

28  contain:

29         1.  The full name, address, and occupation, if any of

30  each person who has made one or more contributions to or for

31  such committee or candidate within the reporting period,

                                  24

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  together with the amount and date of such contributions. For

 2  corporations, the report must provide as clear a description

 3  as practicable of the principal type of business conducted by

 4  the corporation. However, if the contribution is $100 or less

 5  or is from a relative, as defined in s. 112.312, provided that

 6  the relationship is reported, the occupation of the

 7  contributor or the principal type of business need not be

 8  listed.

 9         2.  The name and address of each political committee

10  from which the reporting committee or the candidate received,

11  or to which the reporting committee or candidate made, any

12  transfer of funds, together with the amounts and dates of all

13  transfers.

14         3.  Each loan for campaign purposes to or from any

15  person or political committee within the reporting period,

16  together with the full names, addresses, and occupations, and

17  principal places of business, if any, of the lender and

18  endorsers, if any, and the date and amount of such loans.

19         4.  A statement of each contribution, rebate, refund,

20  or other receipt not otherwise listed under subparagraphs 1.

21  through 3.

22         5.  The total sums of all loans, in-kind contributions,

23  and other receipts by or for such committee or candidate

24  during the reporting period. The reporting forms shall be

25  designed to elicit separate totals for in-kind contributions,

26  loans, and other receipts.

27         6.  The full name and address of each person to whom

28  expenditures have been made by or on behalf of the committee

29  or candidate within the reporting period; the amount, date,

30  and purpose of each such expenditure; and the name and address

31  of, and office sought by, each candidate on whose behalf such

                                  25

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  expenditure was made. However, expenditures made from the

 2  petty cash fund provided by s. 106.12 need not be reported

 3  individually.

 4         7.  The full name and address of each person to whom an

 5  expenditure for personal services, salary, or reimbursement

 6  for authorized expenses as provided in s. 106.021(3) has been

 7  made and which is not otherwise reported, including the

 8  amount, date, and purpose of such expenditure. However,

 9  expenditures made from the petty cash fund provided for in s.

10  106.12 need not be reported individually.

11         8.  The total amount withdrawn and the total amount

12  spent for petty cash purposes pursuant to this chapter during

13  the reporting period.

14         9.  The total sum of expenditures made by such

15  committee or candidate during the reporting period.

16         10.  The amount and nature of debts and obligations

17  owed by or to the committee or candidate, which relate to the

18  conduct of any political campaign.

19         11.  A copy of each credit card statement which shall

20  be included in the next report following receipt thereof by

21  the candidate or political committee. Receipts for each credit

22  card purchase shall be retained by the treasurer with the

23  records for the campaign account.

24         12.  The amount and nature of any separate

25  interest-bearing accounts or certificates of deposit and

26  identification of the financial institution in which such

27  accounts or certificates of deposit are located.

28         13.  The primary purposes of an expenditure made

29  indirectly through a campaign treasurer pursuant to s.

30  106.021(3) for goods and services such as communications media

31  placement or procurement services, campaign signs, insurance,

                                  26

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  and other expenditures that include multiple components as

 2  part of the expenditure. The primary purpose of an expenditure

 3  shall be that purpose, including integral and directly related

 4  components, that comprises 80 percent of such expenditure.

 5         (b)  The filing officer shall make available to any

 6  candidate or committee a reporting form which the candidate or

 7  committee may use to indicate contributions received by the

 8  candidate or committee but returned to the contributor before

 9  deposit.

10         (5)  The candidate and his or her campaign treasurer,

11  in the case of a candidate, or the political committee chair

12  and campaign treasurer of the committee, in the case of a

13  political committee, shall certify as to the correctness of

14  each report; and each person so certifying shall bear the

15  responsibility for the accuracy and veracity of each report.

16  Any campaign treasurer, candidate, or political committee

17  chair who willfully certifies the correctness of any report

18  while knowing that such report is incorrect, false, or

19  incomplete commits a misdemeanor of the first degree,

20  punishable as provided in s. 775.082 or s. 775.083.

21         (6)  The campaign depository shall return all checks

22  drawn on the account to the campaign treasurer who shall

23  retain the records pursuant to s. 106.06.  The records

24  maintained by the depository with respect to such account

25  shall be subject to inspection by an agent of the Division of

26  Elections or the Florida Elections Commission at any time

27  during normal banking hours, and such depository shall furnish

28  certified copies of any of such records to the Division of

29  Elections or Florida Elections Commission upon request.

30         (7)  Notwithstanding any other provisions of this

31  chapter, in any reporting period during which a candidate,

                                  27

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  political committee, or committee of continuous existence has

 2  not received funds, made any contributions, or expended any

 3  reportable funds, the filing of the required report for that

 4  period is waived. However, the next report filed must specify

 5  that the report covers the entire period between the last

 6  submitted report and the report being filed, and any

 7  candidate, political committee, or committee of continuous

 8  existence not reporting by virtue of this subsection on dates

 9  prescribed elsewhere in this chapter shall notify the filing

10  officer in writing on the prescribed reporting date that no

11  report is being filed on that date.

12         (8)(a)  Any candidate or political committee failing to

13  file a report on the designated due date shall be subject to a

14  fine as provided in paragraph (b) for each late day, and, in

15  the case of a candidate, such fine shall be paid only from

16  personal funds of the candidate. The fine shall be assessed by

17  the filing officer and the moneys collected shall be

18  deposited:

19         1.  In the General Revenue Fund, in the case of a

20  candidate for state office or a political committee that

21  registers with the Division of Elections; or

22         2.  In the general revenue fund of the political

23  subdivision, in the case of a candidate for an office of a

24  political subdivision or a political committee that registers

25  with an officer of a political subdivision.

26  

27  No separate fine shall be assessed for failure to file a copy

28  of any report required by this section.

29         (b)  Upon determining that a report is late, the filing

30  officer shall immediately notify the candidate or chair of the

31  political committee as to the failure to file a report by the

                                  28

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  designated due date and that a fine is being assessed for each

 2  late day. The fine shall be $50 per day for the first 3 days

 3  late and, thereafter, $500 per day for each late day, not to

 4  exceed 25 percent of the total receipts or expenditures,

 5  whichever is greater, for the period covered by the late

 6  report. However, for the reports immediately preceding each

 7  primary and general election, the fine shall be $500 per day

 8  for each late day, not to exceed 25 percent of the total

 9  receipts or expenditures, whichever is greater, for the period

10  covered by the late report. For reports required under s.

11  106.141(7), the fine is $50 per day for each late day, not to

12  exceed 25 percent of the total receipts or expenditures,

13  whichever is greater, for the period covered by the late

14  report. Upon receipt of the report, the filing officer shall

15  determine the amount of the fine which is due and shall notify

16  the candidate or chair. The filing officer shall determine the

17  amount of the fine due based upon the earliest of the

18  following:

19         1.  When the report is actually received by such

20  officer.

21         2.  When the report is postmarked.

22         3.  When the certificate of mailing is dated.

23         4.  When the receipt from an established courier

24  company is dated.

25         5.  When the electronic receipt issued pursuant to s.

26  106.0705 is dated.

27  

28  Such fine shall be paid to the filing officer within 20 days

29  after receipt of the notice of payment due, unless appeal is

30  made to the Florida Elections Commission pursuant to paragraph

31  (c). In the case of a candidate, such fine shall not be an

                                  29

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  allowable campaign expenditure and shall be paid only from

 2  personal funds of the candidate. An officer or member of a

 3  political committee shall not be personally liable for such

 4  fine.

 5         (c)  Any candidate or chair of a political committee

 6  may appeal or dispute the fine, based upon, but not limited

 7  to, unusual circumstances surrounding the failure to file on

 8  the designated due date, and may request and shall be entitled

 9  to a hearing before the Florida Elections Commission, which

10  shall have the authority to waive the fine in whole or in

11  part. The Florida Elections Commission must consider the

12  mitigating and aggravating circumstances contained in s.

13  106.265(1) when determining the amount of a fine, if any, to

14  be waived. Any such request shall be made within 20 days after

15  receipt of the notice of payment due. In such case, the

16  candidate or chair of the political committee shall, within

17  the 20-day period, notify the filing officer in writing of his

18  or her intention to bring the matter before the commission.

19         (d)  The appropriate filing officer shall notify the

20  Florida Elections Commission of the repeated late filing by a

21  candidate or political committee, the failure of a candidate

22  or political committee to file a report after notice, or the

23  failure to pay the fine imposed. The commission shall

24  investigate only those alleged late filing violations

25  specifically identified by the filing officer and as set forth

26  in the notification. Any other alleged violations must be

27  separately stated and reported by the division to the

28  commission under s. 106.25(2).

29         (9)  The Department of State may prescribe by rule the

30  requirements for filing campaign treasurers' reports as set

31  forth in this chapter.

                                  30

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 1         Section 8.  For the purpose of incorporating the

 2  amendments made by this act to section 106.08, Florida

 3  Statutes, in a reference thereto, section 106.19, Florida

 4  Statutes, is reenacted to read:

 5         106.19  Violations by candidates, persons connected

 6  with campaigns, and political committees.--

 7         (1)  Any candidate; campaign manager, campaign

 8  treasurer, or deputy treasurer of any candidate; committee

 9  chair, vice chair, campaign treasurer, deputy treasurer, or

10  other officer of any political committee; agent or person

11  acting on behalf of any candidate or political committee; or

12  other person who knowingly and willfully:

13         (a)  Accepts a contribution in excess of the limits

14  prescribed by s. 106.08;

15         (b)  Fails to report any contribution required to be

16  reported by this chapter;

17         (c)  Falsely reports or deliberately fails to include

18  any information required by this chapter; or

19         (d)  Makes or authorizes any expenditure in violation

20  of s. 106.11(4) or any other expenditure prohibited by this

21  chapter;

22  

23  is guilty of a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         (2)  Any candidate, campaign treasurer, or deputy

26  treasurer; any chair, vice chair, or other officer of any

27  political committee; any agent or person acting on behalf of

28  any candidate or political committee; or any other person who

29  violates paragraph (1)(a), paragraph (1)(b), or paragraph

30  (1)(d) shall be subject to a civil penalty equal to three

31  times the amount involved in the illegal act.  Such penalty

                                  31

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    Florida Senate - 2006                   CS for SB's 716 & 2660
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 1  may be in addition to the penalties provided by subsection (1)

 2  and shall be paid into the General Revenue Fund of this state.

 3         (3)  A political committee sponsoring a constitutional

 4  amendment proposed by initiative which submits a petition form

 5  gathered by a paid petition circulator which does not provide

 6  the name and address of the paid petition circulator on the

 7  form is subject to the civil penalties prescribed in s.

 8  106.265.

 9         Section 9.  Except as otherwise expressly provided in

10  this act and except for this section, which shall take effect

11  upon becoming a law, this act shall take effect July 1, 2006.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                     Senate Bills 716 & 2660

15                                 

16  The combined committee substitute differs from the original in
    that it:  prohibits "electioneering communications
17  organizations" (ECOs) from using contributions received within
    10 days of an election to pay for obligations arising prior to
18  that election; removes the temporal restriction applicable to
    "electioneering communications" involving candidates; expands
19  the trigger events for when a reportable electioneering
    expenditure occurs; requires ECOs to register within 24 hours
20  after they organize or, if later, within 24 hours after it
    anticipates receiving contributions or making expenditures for
21  the purpose of electioneering; creates special reporting
    requirements for ECOs; prohibits an ECO from accepting a
22  contribution from certain tax-exempt, federal organizations,
    unless certain conditions are met; prohibits statewide
23  officers, legislative members, and candidates for these
    offices from directly or indirectly soliciting, causing to be
24  solicited, or accepting any contribution on behalf of certain
    entities and organizations, with exceptions; requires
25  political committees and ECOs to register using a street
    address for the organization, its affiliated organizations,
26  and its principal officers; clarifies that "direct mail" is a
    "communications media" for purposes of Chapter 106; revises
27  definitions; provides penalties; incorporates cross-referenced
    sections.
28  

29  

30  

31  

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