410 R.I. Code R. 410-RICR-10-00-13.5

Current through December 26, 2024

Section 410-RICR-10-00-13.5 - REPORTING OF COVERED DISBURSEMENTS

A. It is lawful for any person, not otherwise prohibited by law and not acting in coordination with any candidate, authorized candidate committee, or political party committee, to expend personally from that person's own funds a sum which is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a candidate or referendum.

B. Reports. Any independent spender that makes covered disbursements exceeding one thousand dollars ($1,000) in the aggregate during a calendar year shall file a report with the Board of Elections. The report shall include the following information:

1. The full name, street address, telephone number, and email address of the independent spender.

a. An independent spender who is an individual shall also include their occupation and employer (if self-employed, the name and place of business).

b. An independent spender, other than an individual, shall also include:

(1) The full name, street address, telephone number, and email address of the treasurer or individual filing the report on behalf the independent spender;

(2) The full name and street address of the chief executive officer or principal officer of the independent spender;

(3) The type of entity. A tax-exempt organization under § 501(c) of the Internal Revenue Code of 1986 shall specify which type of exempt organization under Internal Revenue Code § 501(c). A political committee shall include the Key Number assigned to the committee by the Board of Elections; and

(4) The URL for the independent spender's official website, if any.

2. For each covered disbursement made during the period covered by the report, the report shall provide:

a. The full name and street address of every person to whom a covered disbursement was made;

b. The total amount and date of each covered disbursement. The total amount of an independent expenditure or electioneering communication includes all design, production, and distribution costs;

c. A description of each covered disbursement made, including the type of disbursement and its purpose;

d. In the case of an independent expenditure or electioneering communication, the full name of each candidate or referendum referenced by the independent expenditure or electioneering communication and, in the case of an independent expenditure, whether such expenditure supports or opposes that candidate or referendum. An independent expenditure or electioneering communications that refers to more than one clearly identified candidate or referendum shall be apportioned among the candidates or referendums based on the proportionate value of the independent expenditure or electioneering communication to each candidate or referendum referenced; and

e. The year-to-date total of all covered disbursements made by the independent spender.

3. Affirmance. The report shall include a statement signed by the chief executive officer or principal officer of the independent spender affirming, under penalty of false statement, that the covered disbursement is not coordinated with any candidate, authorized candidate committee, or political party committee.

4. Donor disclosure. The report shall include identification of every donor of one thousand dollars ($1,000) or more in the aggregate to the independent spender in the current election cycle. If an independent spender has established a separate campaign-related account in accordance with § 13.6 of this Part, the report shall only identify donors of one thousand dollars ($1,000) or more in the aggregate to the separate campaign-related account in the current election cycle.

a. For any donor who is an individual, the report shall include the individual's full name, street address, occupation and employer, the date and amount of the individual's donation(s) during the period covered by the report, and the aggregate amount of all donations received from the individual in the current election cycle.

b. For any donor other than an individual, the report shall include the person's full name, street address, the date and amount of the person's donation(s) during the period covered by the report, the aggregate amount of all donations received from the person in the current election cycle, and the type of entity.

c. A donor who is identified on a report pursuant to §§ 13.5(B)(4)(a)-(b) of this Part need not be identified on any subsequent report filed under this Part unless the donor makes additional donations to the independent spender in the current election cycle.

5. An independent spender is not required to include on the report identification of any donor for whom the following conditions are satisfied:

a. At the time the donation was made, the independent spender and the donor mutually agreed, in writing, not to use the donation for covered disbursements;

b. The independent spender deposited the donation in an account that is segregated from any account used to make covered disbursements; and

c. Within thirty (30) days after receiving the donation, the independent spender transmits to the donor a written certification from its chief financial officer or highest ranking financial officer affirming that:

(1) The independent spender will not use the donation for covered disbursements; and

(2) The independent spender will not include information about the donor on any report filed under this section.

C. Timing of reports; period covered. An independent spender shall file an initial report under this section within seven (7) days of making covered disbursements that exceed one thousand dollars ($1,000) in the aggregate during a calendar year; except that, if an independent spender is required to file an initial report within thirty (30) days of an election, the report shall be filed within twenty-four (24) hours of making such covered disbursements. The initial report shall cover the period beginning on the first day of the calendar year and be complete through the date that covered disbursements exceeding one thousand dollars ($1,000) in the aggregate are made. After an independent spender files an initial report, subsequent reports shall be filed within seven (7) days each time the independent spender makes further covered disbursements aggregating an additional one thousand dollars ($1,000) or more with respect to the same election; except that, if an independent spender is required to file a subsequent report within thirty (30) days of an election, the report shall be filed within twenty-four (24) hours of making such covered disbursements. Each subsequent report shall cover the period beginning on the date following the last date included in the previous report filed under this section and be complete through the date that covered disbursements aggregating an additional one thousand dollars ($1,000) or more are made.

D. For purposes of this Part, an independent expenditure or electioneering communication is "made" on the date when the independent expenditure or electioneering communication is first publicly disseminated. A covered transfer is "made" on the date that funds are transferred or paid to the recipient.

E. Filing of Reports. All reports required under this section shall be filed with the Board of Elections. All information entered on such reports shall be typewritten; except that, the affirmance required pursuant to § 13.5(B)(3) of this Part shall bear an original signature subscribed in ink.

F. An individual who makes a covered transfer exclusively consisting of that individual's personal funds to a political committee is not required to file a report under this section.

G. A political committee that makes both covered disbursements and contributions to or coordinated expenditures with any candidate or another political committee remains subject to limits on the amount of contributions the committee may make or receive pursuant to R.I. Gen. Laws § 17-25-10.1.

H. A political committee that makes covered disbursements exceeding one thousand dollars ($1,000) in the aggregate during a calendar year shall, in addition to filing reports under this section, disclose the covered disbursements in accordance with the reporting requirements of R.I. Gen. Laws § 17-25-1 et seq.

I. A ballot question advocate that makes covered disbursements exceeding one thousand dollars ($1,000) in the aggregate during a calendar year shall, in addition to filing reports under this section, disclose the covered disbursements in accordance with the reporting requirements of R.I. Gen. Laws § 17-25.2-1 et seq.

J. Affiliated entities. For purposes of this section, two (2) or more entities, other than an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3 or an organization described in § 501(c)(3) of the Internal Revenue Code of 1986, are treated as a single entity if the entities:

1. Share the majority of members on their boards of directors;

2. Share two (2) or more officers;

3. Are owned or controlled by the same majority shareholder, shareholders, or persons;

4. Are in a parent-subsidiary relationship;

5. Have bylaws so stating; or

6. In the case of two or more entities which are political committees, have the candidate or a member of the candidate's immediate family as an officer.

K. Any independent spender required to file a report under this section shall maintain and preserve all records and supporting documentation for a period of at least four (4) years from the filing date of the report.

410 R.I. Code R. 410-RICR-10-00-13.5

Adopted effective 4/3/2024