410 R.I. Code R. 410-RICR-10-00-13.3

Current through December 26, 2024

Section 410-RICR-10-00-13.3 - DEFINITIONS

A. Wherever used in this Part, the following terms have the meanings set forth herein:

1. "Agent" means any person with actual authority, either express or implied, to engage in activities on behalf of another person. For purposes of this Part, an agent of a candidate or political committee includes any person who has served in an executive or managerial role or position with, or as a paid consultant to, the candidate or political committee at any time during the current election cycle.

2. "Authorized candidate committee" means any committee organized by or on behalf of a candidate to aid or support his or her nomination or election to any public office, regardless of whether or not the specific public office for which the candidate will seek nomination or election is known at the time the committee is organized and whether or not the candidate has announced his or her candidacy or filed a declaration of candidacy at that time.

3. "Candidate" means any individual who undertakes any action, whether preliminary or final, which is necessary under the law to qualify for nomination for election or election to public office, and/or any individual who receives a contribution or makes an expenditure, or gives his or her consent for any other person to receive a contribution or make an expenditure, with a view to bringing about his or her nomination or election to any public office, whether or not the specific public office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at that time. For purposes of this Part, the term "candidate" includes an agent of the candidate.

4. "Clearly identified candidate" means:

a. The candidate's name or nickname is used;

b. A photograph, drawing, or likeness of the candidate appears; or

c. The identity of the candidate is otherwise apparent through any reference or link to the candidate's website, or through an unambiguous reference such as "the Governor," "Your state representative," or "the incumbent," or through an unambiguous reference to his or her status as a candidate such as "the Democratic gubernatorial nominee" or the "Republican candidate for District 500 in the State of Rhode Island."

5. "Clearly identified referendum" means:

a. The number, official title, or popular name of the referendum is used; or

b. There is reference to the subject matter of the referendum and the communication either states the referendum is before the people for a vote or, when taken as a whole and in context, makes an unambiguous reference to the referendum.

6. "Covered disbursement" means:

a. Any purchase, payment, distribution, loan, advance, deposit, paid personal services, or other thing of value made by a person for an independent expenditure or electioneering communication; or

b. Any covered transfer.

7. "Covered transfer" means:

a. Any transfer or payment of funds by a person to another person, if the person making the transfer:

(1) Designates, requests, or suggests that the amounts be used for independent expenditures or electioneering communications or making a transfer to another person for the purpose of making or paying for such independent expenditures or electioneering communications. A person "designates, requests, or suggests" that amounts be used for independent expenditures or electioneering communications if, at any time, there is an agreement, suggestion, designation, instruction, or encumbrance, whether direct or indirect, express or implied, oral or written, that all or any part of the transfer or payment of funds be used for independent expenditures or electioneering communications;

(2) Made such transfer or payment in response to a solicitation or other request for a transfer or payment for the making of or paying for independent expenditures or electioneering communications or making a transfer to another person for the purpose of making or paying for such independent expenditures or electioneering communications;

(3) Engaged in discussions with the recipient of the transfer or payment regarding independent expenditures or electioneering communications or making a transfer to another person for the purpose of making or paying for such independent expenditures or electioneering communications; or

(4) Made independent expenditures or electioneering communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-year (2) period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such independent expenditures or electioneering communications in such an aggregate amount during that two-year (2) period.

b. The term "covered transfer" does not include:

(1) A transfer or payment made in the ordinary course of any trade or business conducted by a person or in the form of investments made by the person; or

(2) A transfer or payment made by a person if the person making the transfer prohibited, in writing, the use of such transfer or payment for covered disbursements and the recipient of the transfer or payment agreed to follow the prohibition and deposited the transfer or payment in an account that is segregated from any account used to make covered disbursements.

8. "Election cycle" means the twenty-four (24) month period commencing on January 1 of an odd-numbered year and ending on December 31 of the next even-numbered year.

9. "Electioneering communication" means:

a. Any public communication not coordinated with any candidate, authorized candidate committee, or political party committee that:

(1) unambiguously identifies a candidate or referendum;

(2) Is made either within sixty (60) days before a general or special election or town meeting for the office sought by the candidate or referendum, or thirty (30) days before a primary election for the office sought by the candidate; and

(3) Is targeted to the relevant electorate. A communication that refers to a clearly identified candidate or referendum is "targeted to the relevant electorate" if the communication can be received by two thousand (2,000) or more persons in the district the candidate seeks to represent or the constituency voting on the referendum.

b. The term "electioneering communication" does not include:

(1) A communication appearing in a news story, commentary, or editorial distributed by any broadcast station (including a cable television operator, programmer, or producer), radio station, internet platform, or any regularly published newspaper, magazine, or other periodical of general circulation, unless the facility is owned or controlled by any candidate, political party, or political committee;

(2) A communication that constitutes or solely promotes a debate or similar forum made by or on behalf of the person sponsoring the debate or forum, if:

(i) At least two (2) candidates seeking nomination or election to the same public office were invited to participate in the debate or forum and the structure of the debate or forum does not favor or advance one candidate over another; or

(ii) A ballot question advocate and at least one opponent, or their respective representatives, were invited to participate in the debate or forum in equal numbers and the structure of the debate or forum does not favor or advance one position over another;

(3) A membership communication; or

(4) A communication over the internet, except for (i) qualified internet or digital communications; and (ii) any communication placed on an internet platform formed primarily to expressly advocate the election or defeat of one or more candidates or the passage or defeat of one or more referendums.

10. "Electronic media communication" means any writing, image, recording, or other data transmitted, disseminated, posted, broadcast, or displayed electronically. "Electronic media communication" includes, but is not limited to, any electronic message, electronic message attachment, text message, or other electronic communication system.

11. "Expenditure" means:

a. Any purchase, payment, distribution, loan, advance, deposit, gift, or other thing of value made by a person for the purpose of promoting or supporting, or attacking or opposing the nomination or election of any clearly identified candidate or the passage or defeat of any clearly identified referendum.

b. The term "expenditure" includes, but is not limited to:

(1) All transfers of money, credit or debit card transactions, online or electronic payment systems, paid personal services, or other thing of value made by any candidate or political committee;

(2) A purchase, payment, or other thing of value made for any media advertising services or products for public communications; and

(3) A purchase, payment, or other thing of value made for paid personal services.

12. "Expressly advocates" means any communication that:

a. Uses phrases such as "Vote for the Governor," "Re-elect your State Senator," "Yes to Question 1," "Support the Gubernatorial Nominee," "Cast Your Ballot for the Democratic Challenger for the State Senate Seat 500," "Smith for Lt. Governor," "John Doe in 2010," "Vote for a Balanced Budget" accompanied by a listing of clearly identified candidates described as being in favor of a balanced budget, "Vote Against John Doe," "Defeat Question 2," "Reject the Incumbent," "Defeat" accompanied by a picture of one or more candidates, or repeats or adopts slogans or words associated with a clearly identified candidate or referendum within the communication; or

b. When taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as advocating the election or defeat of one or more clearly identified candidates or the passage or defeat of one or more clearly identified referendums because:

(1) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and

(2) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates or to pass or defeat one or more clearly identified referendums or encourages some other kind of action.

13. "General treasury" means a collective designation of all of the assets of a person which furnish the means for defraying the necessary, usual, ordinary running and incidental expenses of the person. General treasury funds are typically not derived from a special solicitation, effort, or receipt, but derive from regular, planned for, and ongoing revenue streams or sources.

14. "Independent expenditure" means:

a. An expenditure that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat of a clearly identified referendum, and is not coordinated with any candidate, authorized candidate committee, or political party committee.

b. The term "independent expenditure" does not include costs incurred for:

(1) A communication appearing in a news story, commentary, or editorial as part of a general pattern of election-related news accounts or commentary distributed by any broadcast station (including a cable television operator, programmer, or producer), radio station, internet platform, or any regularly published newspaper, magazine, or other periodical of general circulation, unless the facility is owned or controlled by a candidate, political party, or political committee;

(2) A communication that constitutes or solely promotes a debate or similar forum made by or on behalf of the person sponsoring the debate or forum, if:

(3) A membership communication; or

15. "Independent spender" means any person who makes a covered disbursement. For purposes of § 13.7 of this Part ("Disclaimers"), the term "independent spender" includes an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3.

16. "Internet platform" means any public-facing website, internet-enabled application, or other digital application.

17. "Membership communication" means:

a. Any communication made by a business entity or union that is limited in circulation to primarily members, as well as owners, stockholders, or executive or administrative employees of the business entity or union, unless such business entity or union is organized primarily to support or oppose the nomination or election of one or more candidates or the passage or defeat of one or more referendums. A "membership communication" does not include any payments made by a business entity or union for public communications or for communications to persons who are not members, owners, stockholders, or executive or administrative employees of the business entity or union.

b. For purposes of this Part,

(1) "Member" means:

(i) Any person who, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote directly or indirectly for the election of a director or directors or an officer or officers or on a disposition of all or substantially all of the assets of the organization or on a merger or on a dissolution; or any person who is designated in the articles or bylaws as a member and, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote on changes to the articles or bylaws, or pays or has paid membership dues in an amount predetermined by the organization so long as the organization is tax exempt under § 501(c) of the Internal Revenue Code of 1986. A member of a local union is considered to be a member of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.

(ii) A person is not a "member" of an organization if the person is only on a mailing or contact list of an organization without meeting the definition provided in § 13.3(A)(17)(b)(1)(i) of this Part.

(2) "Owner" means any person who directly or indirectly holds, owns, or controls equity in an amount equal to at least ten percent (10%) of the total equity of a business entity.

(3) "Stockholder" means any person who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted if it is voting stock, and has the right to receive dividends.

(4) "Executive or administrative employee" means any individual employed by a business entity or union who is paid on a salary rather than hourly basis and who has policymaking, managerial, professional, or supervisory responsibilities. "Executive or administrative employee" includes any individual who runs a corporation's business, such as officers, other executives, and plant, division, and section managers, and individuals following the recognized professions, such as lawyers and engineers.

18. "Paid personal services" means personal services of every kind and nature, the cost or consideration for which is paid or provided by someone other than the person for whom the services are rendered, but shall not include personal services provided without compensation by individuals volunteering their time.

19. "Person" means an individual, business entity, political committee, ballot question advocate, union, association, or any other organization. Except as provided in this Part, the term "person" shall not include an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3 or any organization described in § 501(c)(3) of the Internal Revenue Code of 1986.

20. "Personal funds" means:

a. Any asset of an individual that the individual had legal control over and rightful title to at the time the individual made a covered transfer;

b. Income received by an individual, including:

(1) Salary, wages, and other earned income from bona fide employment;

(2) Investment income, including capital gains, dividends, and other proceeds from personal investments; and

(3) Bequests to the individual, including income from trusts established by bequests; and

c. A portion of assets that are jointly owned by the individual and the individual's spouse equal to the individual's share of the asset under the instrument of conveyance or ownership or, if no specific share is indicated by an instrument of conveyance or ownership, the value of one-half of such assets.

d. The term "personal funds" does not include any asset or income received from any person for the purpose of influencing an election.

21. "Political committee" means any authorized candidate committee, political action committee, or political party committee. For purposes of this Part, the term "political committee" includes an agent of the political committee.

22. "Principal officer" means the individual who is primarily responsible for authorizing the political activities of an organization or business entity, including, but not limited to, authorizing the content of communications or authorizing the making of independent expenditures, electioneering communications, or covered transfers.

23. "Public communication" means any communication to the general public by means of print, broadcast, cable, satellite, electronic media communication, qualified internet or digital communication, newspaper, magazine, outdoor advertising facility, mass mailing, telephone call, or any other form of general public advertising or marketing regardless of medium.

24. "Qualified internet or digital communication" means any communication placed or promoted for a fee on the internet platform of another person or any communication posted on an internet platform without charge which is linked to by any paid advertising or promoted content. "Qualified internet or digital communication" includes, but is not limited to, paid internet video advertising, paid internet audio advertising, display advertising, native advertising, search engine marketing, and sponsorships.

25. "Referendum" means any proposition of amendment of the Constitution of this State or any public question of statewide impact submitted to the electors of this State at a general election.

26. "Street address" means the street name or post-office box, building number (if applicable), city, state, and zip code where the person resides. For a person other than an individual, "street address" means the street name or post-office box, building number (if applicable), city, state, and zip code of the person's principal place of business.

27. "Supervisory Staff" means the Board of Elections' Executive Director, Director of Campaign Finance, or their designees.

410 R.I. Code R. 410-RICR-10-00-13.3

Adopted effective 4/3/2024