P.R. Laws tit. 16, § 621
For purposes of this chapter, the following terms shall have the meaning stated hereinbelow, unless the context clearly indicates otherwise:
(1) Advertising agency.— Any organization engaged in contracting with media outlets design, placement, and selection services, as well as public opinion research, surveys, and any other activity required by a political party, aspirant, candidate, committee or ballot option to support the election thereof in any voting process, or to actively advocate for abstention -or which cannot be reasonably construed other than for such purpose, end, or objective- at any referendum or voter consultation.
(2) Citizen group.— A group of people organized with the intent to participate in an election process in Puerto Rico. It shall also be known as a committee. It may be constituted and operated as a campaign committee, authorized committee, or political action committee. However, even if it is not constituted as a committee, it shall meet any other requirement provided in this chapter or the regulations applicable to committees, as the case may be.
(3) Advertisement.— The use of time or space in the media to actively advocate for abstention or to further, promote, aid, support, or oppose the election or defeat of a political party, political ideology, aspirant, candidate or ballot option in an election, in any referendum or voter consultation, or that cannot be reasonably construed to be other than for such purpose, end, or objective.
(4) Election year.— A year in which a general election is held.
(5) Aspirant.— A person whose name, nickname, picture, elective office, drawing, caricature, voice or likeness is included in a public communication so that his/her identity can be determined, or any person who receives contributions or manages campaign expenditures to portray him/herself for election-related purposes. It includes any person who participates in the internal selection process of a duly registered political party with the intention to hold any position within said party or become a candidate, or who carries out activities, fundraisers, or events for such purpose.
(6) Legislative Assembly.— The Senate of Puerto Rico and the House of Representatives of Puerto Rico.
(7) Audit.— A objective, independent, systematic and professional examination of all financial, administrative and operational activities carried out by all those persons, political parties, candidates, political action committees and independent groups subject to the provisions of this chapter.
(8) Candidate.— Any person certified by the Commonwealth Election Commission as a candidate for the general election.
(9) Independent campaign.— A campaign that is not coordinated along with a political party, aspirant, or candidate, or with the campaign committee of a political party, aspirant, or candidate, or with any representative, agent, or authorized committee thereof.
(10) House of Representatives.— The House of Representatives of Puerto Rico.
(11) Commission or Commonwealth Election Commission.— The Commonwealth Election Commission, as provided in the “Puerto Rico Election Code for the 21st Century”.
(12) Election Commissioner.— Any person designated by the central governing body of a major political party, a party, or petition party, as its representative before the Commonwealth Election Commission pursuant to the “Puerto Rico Election Code for the 21st Century”.
(13) Committee.— This term shall include all committees and groups regulated under this chapter, except when, from context, it is construed that a specific one is excluded.
(14) Authorized committee.— A committee authorized by a political party, aspirant, or candidate to receive contributions or incur expenditures on behalf of and/or in representation of such political party, aspirant, or candidate. The contributions received shall be deemed to be made for the corresponding political party, aspirant, or candidate and the activities planned, organized, or carried out, as well as the incurred expenditures, shall be deemed to be coordinated with them.
(15) Political Action Committee.—
(a) A committee:
(i) Organized with the main purpose of promoting, furthering, advocating for, or opposing a political party or any issue presented in a plebiscite, consultation, or referendum, or the election or defeat of an aspirant in primaries, or of a candidate in general or special election to an elective office in the Government of Puerto Rico, and
(ii) that receives contributions or incurs expenditures for election-related purposes in excess of one thousand dollars ($1,000) during a calendar year; or
(b) a group of two (2) or more persons:
(i) Constituted for the main purpose of advocating, supporting, promoting, or furthering, aiding, or opposing the organization of a political party or the potential aspiration or candidacy of a clearly identified person, and
(ii) that receives contributions or incurs expenditures for election-related purposes in excess of one thousand dollars ($1,000) during a calendar year.
(16) Campaign committee.— Committee designated as such by a political party, aspirant, or candidate with the purpose of directing, promoting, furthering, assisting, and/or advising in its campaign with the consent of said political party, aspirant, or candidate. It may receive contributions and incur planned, organized or carried out, as well as the expenditures incurred, shall be deemed to have been coordinated with them.
(17) Political Party Committee.— Includes, according to its context, the precinct, municipal, and central committees of the political parties.
(18) Segregated Funds Committee.— A committee established by a juridical person in accordance with § 625g of this title for the purpose of making contributions to aspirants, candidates, other committees, agents or authorized representatives thereof. The limits on contributions provided in this chapter shall apply to this type of Committee. However, if the committee does not make contributions to or coordinates with any of the aforementioned entities, this chapter does not impose limits on contributions or expenditures for election-related purposes made by such committee. Furthermore, said committee shall comply with the provisions of this chapter related to registration and reports required of Political Action Committees.
(19) Communication.— Statement addressed to the public on or through television, the radio, satellite, cable, the Internet, a telephone bank, a newspaper, a magazine, a book, handouts, posters, banners, telephones or any other mass medium.
(20) Electioneering or Election-related communication.— Any communication that:
(a) Refers to a political party or ideology, aspirant, or candidate; and
(b) expressly advocates for the election or defeat of such political party or ideology, aspirant, or candidate, which occurs when it contains words such as: vote for, vote against, support, reject, or refuse, work for the election of, work for the defeat of, choose, defeat, help us to elect, help us to defeat or remove, among others; however, the foregoing words shall not be understood as excluding other expressions of similar import. Any electioneering communication that is made within ninety (90) days before the election and that mentions a candidate shall be considered an election-related communication; or
(c) cannot be reasonably construed in any way other than advocating for the election or defeat of said political party or ideology, aspirant, or candidate; or that entirely reproduces campaign material of such political party or ideology, aspirant, or candidate. For these purposes, the term “political party” includes a political party in the process of being organized. Likewise, the terms “aspirant” and “candidate” shall include clearly identified persons who have expressed their intention to become aspirants or candidates, as well as those clearly identified as aspirants and candidates.
(21) Communications aimed at voters.— Communications that may be received:
(a) In the senate district or representative district that the aspirant or candidate seeks to represent when such communication makes reference to a clearly identified candidate or aspirant for senator or representative;
(b) in any municipality of Puerto Rico when referring to a clearly identified candidate or aspirant for Senator-at-large or Representative-at-large;
(c) in a municipality when the communication refers to a clearly identified candidate or aspirant for mayor; or
(d) in any municipality of Puerto Rico when referring to a clearly identified candidate or aspirant for Governor;
(e) in any municipality of Puerto Rico when made to support the election or defeat of a specific option in any referendum or voter consultation.
(22) Election Comptroller.— The Executive Officer of the Office of the Election Comptroller of Puerto Rico.
(23) Contribution.—
(a) Donation of money or anything of value, including, but not limited to, the payment or refund of administrative expenses, wages, bonuses, gifts, utilities, equipment, supplies, and services, as well as pledges, advances, or guarantees to a political party, aspirant, candidate, or the campaign committee, or authorized agent, representative, or committee thereof.
(b) Every donation in cash or in kind, or anything of value, made in or for any fundraising event held to benefit a political party, aspirant, candidate, or committee for election-related purposes, including banquets, raffles, birthday parties, marathons, and others.
(c) Donations to support or oppose the creation of a political party or ideology, and to support or oppose clearly identified persons who have announced their intent to become aspirants or candidates.
The following shall not be deemed to be a “contribution”:
(a) The mere presence or the statements of an aspirant or candidate supporting or opposing a party, aspirant, candidate, movement, ideology, or ballot alternative in any event.
(b) Personal or professional services rendered by volunteers.
(c) Payment by a natural person of his/her own travel expenses, if the payment is made voluntarily and there is no agreement or understanding about the reimbursement of such expenses to said person.
(d) A loan, credit line, or revolving credit set during the regular course of business of a financial institution authorized to do business in Puerto Rico, at interest rates and under terms and conditions generally available to any member of the public, regardless of his/her position as public official, candidate, aspirant, or political party; provided, that it is not used with the intent to conceal a contribution or evade the limitations imposed by this chapter.
(e) Voter registration activities.
(f) Payment made by any municipal or central committee of a political party for the expenditures incurred in the preparation, exhibition, and distribution of a sample ballot, printed slate, or other list of three (3) candidates or more running for an elective office in Puerto Rico; however, this clause shall not apply to the costs incurred by said committee in distributing said sample ballot, slate, or other list in television, the radio, electronic media, newspapers, magazines or other similar medium for political advertisements targeted to the general public.
(g) Payment made by a municipal or central committee of a political party for the costs of campaign supplies (such as pins, stickers, handouts or flyers, newsletters, and signs) used by the volunteers of such committees to support the candidates of such parties, provided that:
(i) Such payments are not used to defray the cost of materials to be used in television, the radio, newspapers, magazines, or other similar medium for political advertisements targeted to the general public;
(ii) such payments are defrayed with contributions, subject to the limits and prohibitions set forth in this chapter, and
(iii) such payments are not defrayed with contributions made to an aspirant or candidate;
(h) Payment of an uncoordinated communication or a communication that is not intended for election-related purposes.
(24) Excess contribution.— Any contribution made by any natural or juridical person in violation of the limits and prohibitions set forth in this chapter.
(25) Last-minute contribution.— Any contribution:
(a) Whose aggregated value is one thousand dollars ($1,000) or more, and is made or received by a party, candidate, aspirant, authorized committee, campaign committee, or Political Action Committee whose main purpose is to support or oppose a candidate or an option in a referendum or consultation; and
(b) made before the election, referendum, or consultation, but after the deadline of the last campaign report required before the election.
(26) Election or Elections.— General election, primary, referendum, plebiscite, or voter consultation, and special election.
(27) Special election.— Process whereby voters choose one or more officials to fill a vacancy in an elective public office in the Commonwealth of Puerto Rico.
(28) General election.— Process whereby, every four years, on the first Tuesday after the first Monday of November, voters choose the officials who will hold elective public offices in the Commonwealth of Puerto Rico, including the office of Governor, Resident Commissioner, state legislators, mayors, and municipal legislators.
(29) Government entities concerned.— Agencies, instrumentalities, public corporations, and municipalities of Puerto Rico.
(30) Record.— All documents or materials related to a specific issue that is or has been under the consideration of the Office of the Election Comptroller.
(31) Immediate family.— Includes, but is not limited to: mother, father, brother or sister (full-blood and half-blood sibling), spouse, son or daughter (biological or adoptive), father-in-law or mother-in-law, grandparents, uncle or aunt (by consanguinity or affinity), cousins up to the fifth degree of consanguinity or affinity, and any persons who live under the same roof.
(32) Election-related purposes.— The purpose, end, or objective of promoting, fostering, helping, supporting, advocating, or opposing the election or defeat of a political party or ideology, aspirant or candidate, or an alternative or option in any referendum or voter consultation; or that cannot be reasonably construed in any way other than having such purpose, end, or objective. The term “political party” shall include a political movement in the process of being organized. The terms “aspirant” and “candidate” shall include a clearly identified person in the first instance, and, in the second instance, such person once he/she is certified as a candidate by the Commonwealth Election Commission.
(33) Expenditures.— Any payment of money, contribution, or anything of value, including, but not limited to pledges, advances, and guarantees.
(34) Campaign expenditures.— Expenses incurred on account of actions or efforts made for election-related purposes.
(35) Coordinated expenditures.—
A specific expenditure:
(a) That is paid or financed by someone other than a political party, aspirant or candidate, campaign committee, agent, representative or authorized committee of any of the above;
(b) that has electoral purposes; and
(c) that is incurred, produced or distributed:
(1) By petition or suggestion of, or in agreement with a political party, aspirant, candidate, campaign committee or agent, representative or authorized committee of any of the above; or
(2) after agreeing on the content, time, place, manner or frequency of the expenditure between:
(i) The person or entity that financed or defrayed the expenditure or its agents, representatives or employees, and
(ii) a political party, aspirant or candidate, or the campaign committee, agent, representative or authorized committee of any of the above; or
(3) the person who defrayed or financed the expenditure, employs or uses a supplier to create, produce or distribute the communication and said supplier:
(i) Is, at the same time, providing services, or
(ii) has provided services to the political party, aspirant or candidate, or campaign committee, authorized committee, agent or representative of any of the above during ninety (90) days prior to the creation, production or distribution of the communication, in a manner that:
(a) Places the supplier in a position of acquiring information regarding the plans, projects, strategies, activities or needs of the party, aspirant, candidate or the campaign committee, authorized committee, agent or representative of any of the above, and
(b) it could be reasonably inferred that said information is used or could be used in the creation, production or distribution of the communication.
A coordinated expenditure shall be considered a contribution to the political party, aspirant or candidate with whom it is coordinated.
(36) Excess expenditures.— Any campaign expenditure made by any natural or juridical person in violation of the limits and prohibitions set forth in this chapter.
(37) Independent expenditures or Uncoordinated expenditures.—
(a) Expenditure made in such a manner that it may not be reasonably construed in any way other than for election-related purposes, and
(b) expenditure which is not or was not made in concert with, or at the request or suggestion of, a political party, aspirant, candidate, or campaign committee, authorized agent, representative, or committee thereof.
The mere presence of, and statements made by, an aspirant or candidate to support or oppose a party, aspirant, candidate, movement, ideology, or ballot option during an activity shall not be deemed to be a coordinated activity. Also, inquiring or verifying the availability of the aspirant or candidate to attend an activity or, in the case of elected officials, asking questions and receiving answers about the schedule or work of the official, shall not be deemed to be a coordinated activity.
(38) Government of the Commonwealth of Puerto Rico.— All the agencies that constitute the Legislative, Executive, and Judicial Branches of the Government of Puerto Rico.
(39) Board of Election Comptrollers.— The Administrative Body of the Office of the Election Comptroller constituted by one (1) Comptroller and one (1) Deputy Comptroller created under this chapter to engage in the planning, organization, administration, and supervision of all the works carried out by the Office of the Election Comptroller.
(40) Uniform Administrative Procedures Act.— Shall mean §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Government of Puerto Rico”.
(41) Communications media.— Organizations, radio, movies, television, cable television, satellite systems, newspapers, magazines, signs, the Internet and electronic media, and other similar businesses or ventures.
(42) Mass media.— Books, radio, movies, television, cable or satellite television, Internet, newspapers, magazines and publications, signs, satellite systems, telephone, telephone banks, electronic media or other similar media.
(43) Membership or Members.— The persons entitled to vote in a juridical person such as shareholders, partners, members subject to membership fees and who are entitled to vote in the entity in question.
(44) Municipality.— Geographic delimitation, including all wards thereof, that has a specific name and is ruled by a local government constituted by Legislative and Executive Powers.
(45) Central Governing Body.— Ruling entity or body at the Commonwealth level designated as such by each political party in its bylaws.
(46) Local or Municipal Governing Body.— The highest ranking ruling entity within the municipal political structure of any political party, of each political party constituted in the municipalities, representative districts, senate districts or election precincts.
(47) Related organization.— Any organization that, even though it is not a committee for election-related purposes, directly or indirectly establishes, or financially administers or supports, a committee for election-related purposes. The term includes, but is not limited to any corporation, cooperative, committee for election-related purposes, limited liability company, insurance company, venture or business, trust, financial institution, labor union, partnership of any type, or labor organization.
(48) Labor organization.—
(a) Any association, union, labor union, or organization of any type, or agency, committee, or employee representation plan in which employees are participants and the goals of which is to negotiate the negotiation, in representation of employees regarding claims, labor disputes, wages, wage schedules, working hours, or employment conditions;
(b) any collective bargaining organization;
(c) any local, state, or international organization to which a labor organization pays fees on account of association, affiliation, or membership, and
(d) any labor or professional association solely financed through membership fees, whether organized inside or outside of the jurisdiction of Puerto Rico.
(49) Party.— A political party that participated in the previous general election and obtained the necessary number of votes to fulfill the requirements of the “Puerto Rico Election Code for the 21st Century” to keep its party registration; however, its candidate for Governor failed to reach twenty-five percent (25%) of the total number of valid votes cast for all candidates for such office.
(50) Political party.— National party, state party, major party, majority major party, minority major party, petition party, local party, or local petition party.
(51) Local party.— Political party that participated in the previous general election with the purpose of nominating or electing candidates to hold offices in a specific municipality, senate district, or representative district, and that obtained the necessary number of votes to fulfill the requirements of the “Puerto Rico Election Code for the 21st Century” to keep its party registration in the delimitation for which it had candidates.
(52) Local petition party.— Political party that was registered as such in the Commonwealth Election Commission of Puerto Rico in order to participate in a general election for a specific municipality, representative district, or senate district.
(53) Petition party.— Any citizen group that is registered as a political party in the Commonwealth Election Commission of Puerto Rico pursuant to the “Puerto Rico Election Code for the 21st Century” in order to be included in the ballots of every election precinct in Puerto Rico for a general election and with the intent to nominate at least one candidate for the office of Governor.
(54) Major party.— Political party that participated in the previous general election and obtained at least twenty-five percent (25%) of the number of votes for the office of governor cast by all the voters who participated in such general election.
(55) Majority major party.— Party whose candidate for Governor was elected in the previous general election.
(56) Person.— Individual with rights and obligations, whether natural or juridical.
(57) Juridical person.— Includes corporations, limited liability companies, partnerships, cooperatives, trusts, groups of persons organized as an association and labor organization. For the purpose of the requirements imposed by §§ 625g—625j of this title, an entity that, regardless of its name, constitutes a political action committee or a national or local party, or other political organization under the Federal Internal Revenue Code, according to its nature and origins and as defined by this chapter, shall not be deemed to be a juridical person. However, a juridical person not created for election-related purposes that wishes to allot segregated funds or make independent expenditures shall comply with all the requirements, limitations, and reports required from political action committees, as well as with the requirements imposed by §§ 626-626n of this title.
(58) Clearly identified person.— Shall mean a natural person whose name, nickname, picture, elective office, drawing, caricature, voice, or likeness is included in a communication so that his/her identity can be reasonably determined.
(59) Plebiscite.— Method employed to consult the voters of Puerto Rico whereby they choose between various options on a same issue of political order, including, but not limited to the political relation between Puerto Rico and the United States of America.
(60) Election precinct.— A geographic delimitation in Puerto Rico for election-related purposes, which shall be composed of one municipality or more, or part.
(61) Primary.— The process whereby candidates running for elective public offices are chosen through the direct vote of the People that is subject to the “Puerto Rico Election Code for the 21st Century” and the rules adopted by the Commonwealth Election Commission and the central body of each political party.
(62) Election process.— Any election-related activity carried out by the Commonwealth Election Commission.
(63) Elective Office.— Any vacant office in the municipal or Commonwealth government, which shall be filled by means of an election.
(64) Claim.— A complaint made under oath whereby violations of the law or regulations are alleged before a forum with jurisdiction.
(65) Respondent.— Person against whom a claim is filed.
(66) Claimant.— Person who files a claim.
(67) Senate.— The Senate of Puerto Rico.
(68) Provider.— Any advertising agency, creative, artist, media producer, as well as a manufacturer, distributor, and/or vendor of supplies for propaganda or any person who assists in the promotion of electioneering communications or used in the chain of communication.
(69) Deputy Election Comptroller.— Official appointed as provided in this chapter who shall be part of the Board of Election Comptrollers.
(70) Court of Appeals.— The Court of Appeals of Puerto Rico.
(71) Court of First Instance.— The Court of First Instance of Puerto Rico.
(72) Supreme Court.— The Supreme Court of Puerto Rico.
(73) Public hearing.— Activity in which the participation of any interested person who wishes to provide his/her statements on the matter under consideration is allowed.
(74) Volunteer.— Any person who provides a service voluntarily and without compensation.
History —Nov. 18, 2011, No. 222, § 2.004; July 3, 2012, No. 135, § 3; Dec. 19, 2014, No. 233, § 2.