4 Neb. Admin. Code, ch. 10, § 002

Current through September 17, 2024

Section 4-10-002 - Definitions

For purposes of this rule, unless the context otherwise requires, the definitions found in the following subsections shall be used.

01. Contribution shall mean a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, donation, pledge or promise of money or anything of ascertainable monetary value to a person, made for the purpose of influencing the nomination or election of a candidate, or for the qualification, passage, or defeat of a ballot question. An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. (§ 49-1415(1) )

01A. Contribution shall include the purchase of tickets or payment of an attendance fee for events such as dinners, luncheons, rallies, testimonials, and similar fundraising events; an individual's own money or property other than the individual's homestead used on behalf of that individual's candidacy; and the granting of discounts or rebates by broadcast media and newspapers not extended on an equal basis to all candidates for the same office. (§ 49-1415(2) )

01B. Contribution shall not include:

(a) volunteer personal services provided without compensation, or payments of costs incurred of less than two hundred fifty dollars ($250) in a calendar year by an individual for personal travel expenses if the costs are voluntarily incurred without any understanding or agreement that the costs shall be, directly or indirectly, repaid;

(b) amounts received pursuant to a pledge or promise to the extent that the amounts were previously reported as a contribution; or

(c) food and beverages, not to exceed fifty dollars ($50) in value during a calendar year, which are donated by an individual and for which reimbursement is not given. (§ 49-1415(3) )

02. Election shall mean a primary, general, special, or other election held in this state or a convention or caucus of a political party held in this state to nominate a candidate. Election shall include a vote on a ballot question. (§ 49-1416 )

03. Election period means the calendar year of the election. (§ 49-1455(2)

04. Primary election period means the period beginning with the first day of the election period through the thirty-fifth day following the primary election.

05. General election period means the period beginning with the day following the end of the primary election period through the end of the election period.

06. Expenditure shall mean a payment, donation, loan, pledge, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question. An offer or tender of an expenditure is not an expenditure if expressly or unconditionally rejected or returned. (§ 49-1419(1) )

06A. Expenditure shall include a contribution or a transfer of anything of ascertainable monetary value for the purposes of influencing the nomination or election of any candidate or the qualification, passage, or defeat of a ballot question. (§ 49-1419(2) )

06Ai The use by an individual of paid union leave for the purpose of supporting or opposing the nomination or election of a candidate or for the purpose of supporting or opposing the qualification, passage or defeat of a ballot question is an expenditure by the union.

06B. Expenditure shall not include:

(a) An amount paid pursuant to a pledge or promise to the extent the amount was previously reported as an expenditure;

(b) An expenditure for communication by a person strictly with person's paid members or shareholders;

(c) An expenditure for communication on a subject or issue if the communication does not support or oppose a ballot issue or candidate by name or clear inference;

(d) An expenditure by a broadcasting station, newspaper, magazine, or other periodical or publication for any news story, commentary, or editorial in support of or opposition to a candidate for elective office or a ballot question in the regular course of publication or broadcasting; or

(e) An expenditure for nonpartisan voter registration activities. This subdivision shall not apply if a candidate or a group of candidates sponsors, finances, or is identified by name with the activity. This subdivision shall apply to an activity performed pursuant to the Election Act by an election commissioner or other registration official who is identified by name with the activity. (§ 49-1419(3) )

06Bi. An expenditure for communication strictly with the person's paid members or shareholders includes a) communications not advocating or opposing the nomination or election of a candidate or the qualification, passage or defeat of a ballot issue; and b) information about a candidate or ballot issue which may include the person's expressions of support or opposition.

06Bii. A person acting as the distributor of campaign materials of a candidate, a candidate committee, or a ballot question committee to the person's paid members or shareholders is not making an expenditure for communications. The distribution is a communication from the candidate, a candidate committee, or a ballot question committee to the person's paid members or shareholders.

07. Independent expenditure shall mean an expenditure as defined in § 49-1419 by a person if the expenditure is not made at the direction of, under the control of, or with the cooperation of another person and if the expenditure is not a contribution to a committee. (§ 49-1428 )

07A. Any expenditure which is made as a result of a request or explicit suggestion of the candidate, the committee treasurer, or anyone acting on behalf of either, shall be considered an in- kind contribution and not an independent expenditure.

07Ai The term "anyone acting on behalf of either" means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures.

07B. Any expenditure to distribute or republish campaign material (print or broadcast) produced or prepared by a candidate's campaign is an in-kind contribution or an independent expenditure reportable as required by law.

08. In-kind contribution or expenditure shall mean a contribution as defined in § 49-1415 or expenditure as defined in subsections (1), (2), and (3) of § 49-1419, other than money. (§ 49-1430 )

09. Late contribution means a contribution as defined in section 49-1415 and 002.01 of one thousand dollars ($1,000.00) or more received after the closing date for campaign statements as provided in subdivision (1)(b) of section 49-1459. (§ 49-1458(5) )

10. Late independent expenditure means an independent expenditure as defined in section 49-1428 of one thousand dollars ($1,000.00) or more made after the closing date for campaign statements as provided in subdivision (1)(b) of section 49-1459. (§ 49-1478.01(3)

11. Loan shall mean a transfer of money, property, or anything of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or part. (§ 49-1432 )

12. Political party committee shall mean a state central, district, or county committee of a political party which is a committee. (§ 49-1441 )

4 Neb. Admin. Code, ch. 10, § 002

Amended effective 12/9/2015.