410 R.I. Code R. 410-RICR-10-00-6.3

Current through December 26, 2024

Section 410-RICR-10-00-6.3 - Definitions

A. "Legal entity" means any corporation, whether for profit or not for profit, domestic corporation or foreign corporation, as defined in R.I. Gen. Laws § 7-1.1-2, financial institution, cooperative, association, receivership, trust, holding company, firm, joint stock company, public utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the United States and/or the state of Rhode Island for the purpose of doing business. The term "legal entity" shall not include a political action committee organized pursuant to this chapter or a political party committee organized pursuant to this chapter or an authorized campaign committee of a candidate or office holder.

B. "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 a state or local office in the State of Rhode Island, and/or any individual who receives a contribution or makes an expenditures, 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 state or local office in the State of Rhode Island, whether or not the specific state or local 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 file a declaration of candidacy at that time.

C. "Contributions" and "Expenditures" includes all transfers-of money, credit or debit transactions online or electronic payment systems such as "PayPal," paid personal services, or other things of value to or by any candidate, committee of a political party, or political action committee or ballot question advocate. A loan shall-be considered a contribution of money until it is repaid.

D. "Expenditures" shall include, but are not limited to the payment for any goods and services as set forth below:

1. Any media advertising services or products, including, but not limited to, newspapers, radio stations or television stations;

2. General advertising in letters, brochures, flyers, handbills, lawn signs, posters, bumper stickers, buttons or other materials except for newsletters and other communications paid for and transmitted by an organization to its own members and not to the general public; or

3. Paid personal services, including advertising agency services or other professional services including accounting-services, printing, secretarial services, public opinion polls, research and professional campaign consultation or management, media production or computer services. A written contract, agreement or promise to make an expenditure is an expenditure as of the date such contract, expenditure or obligation is made.

E. "Clearly identified candidate" means any reference to the candidate's name, nickname, photograph, or drawing appears, or the identity of the candidate is otherwise apparent through any reference or link to a 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."

F. "Expressly advocating" means any communication that:

1. uses phrases such as "Vote for the Governor," "Re-elect your State Senator," "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,

2. "Vote Against John Doe," "Defeat" accompanied by a picture of one or more candidates, or "Reject the Incumbent" or

3. repeats or adopts slogans/themes associated with a specific candidate who is identified within the communication, or communications of slogans

4. or individual words which in context can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers and advertisements.

G. "Other thing of value" means any item of tangible real or personal property, or paid personal services, donated to or benefiting any person required to file reports with the Board of Elections and that in the aggregate has a fair market value in excess of one hundred dollars ($100).

H. "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 committee or candidate for whom the services are rendered, but shall not include personal services provided without compensation by persons volunteering their time.

I. "Person" means either an individual, partnership, committee, association, corporation, or any other organization.

410 R.I. Code R. 410-RICR-10-00-6.3