2002 |
State of Wyoming |
02LSO-0072.W4 |
|
WORKING DRAFT |
|
SENATE FILE NO.
Campaign finance reporting
Sponsored by: Senator(s) SDRAFT
A BILL
for
AN ACT relating to elections; modifying requirements for filing campaign reports of receipts and expenditures; modifying enforcement provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 22-25-106(a), (b)(i), (ii) and (iii), (c) and (d), 22-25-107(a)(intro) by creating new subsections (b) and (c) and renumbering (b) as (d), 22-25-108(a), (b)(intro) and (c) and 22-25-109 are amended to read:
22-25-106. Filing of campaign reports.
(a) Except as otherwise provided in subsection (g) of this section and
in addition to other statements required by this subsection, every candidate
shall file a fully itemized statement of receipts and expenditures at least
seven (7) days before any primary, general or special election with information
required by this subsection current to the fourteenth day before the election. Except as
otherwise provided in subsection (g) of
this section, every candidate, whether successful or not, shall file a fully
itemized statement of receipts and expenditures within ten (10) days after any primary, general or special election. Every unsuccessful candidate in any primary election shall
file a fully itemized statement of receipts and expenditures within ten (10)
days after the primary election. The
statement Statements under this
subsection shall set forth the full and complete record of receipts
including cash, goods or services and of actual and promised expenditures,
including all identifiable expenses as set forth in W.S. 22-25-103. The date of
each receipt of twenty-five dollars ($25.00) or more, any expenditure or
obligation, the name of the person from whom received or to whom paid and the
purpose of each expenditure or obligation shall be listed. All receipts under
twenty-five dollars ($25.00) shall be reported but need not be itemized. Should
the accumulation of receipts from an individual exceed the twenty-five dollar
($25.00) threshold, all receipts from that individual shall be itemized.
Receipts, expenditures and obligations itemized in a statement filed by a
political action committee, a candidate's campaign committee or by a political
party central committee need not be itemized in a candidate's statement except
by total with a reference to the statement. The
statement Statements under this
subsection shall be filed with those officers as provided in W.S. 22-25-107.
The statement may be filed by facsimile
transmission if the original is postmarked on the day the facsimile is sent.
(b) Reports of itemized statements of receipt and expenditures, and statements of termination shall be made with the appropriate filing officers specified under W.S. 22-25-107 and in accordance with the following:
(i) Except as
otherwise provided in this section, any political action committee, candidate's
campaign committee, or any political action committee formed under federal law
or the law of another state that contributes to a Wyoming political action
committee or to a candidate's campaign committee, and any other organization
supporting or opposing any ballot proposition which expends any funds in any
primary, general or special election shall file an itemized statement of
receipts and expenditures at least seven (7) days
before the election current to the fourteenth day before the election and shall
also file a statement of receipts and expenditures within ten (10)
days after the a general or special election;
(ii) A committee
formed after an election to defray campaign expenses incurred during a previous
election and any political action or candidate's campaign committee which has
previously filed a statement of receipts and expenditures and has not filed a
statement of termination shall file an itemized statement of receipts and
expenditures on July 1 and December 31
of each odd-numbered year;
(iii) All
candidates and committees shall continue to make the biannual reports required under this subsection until the
committee terminates and the candidate or committee files a statement of
termination with the appropriate filing officer. A statement of termination may
be filed upon retirement of all debts;
(c) All
statements required by subsection (b) of this section shall be signed by both
the chairman and treasurer. The statements shall set forth the full and
complete record of receipts including cash, goods or services and of actual and
promised expenditures. The date of each receipt of twenty-five dollars ($25.00)
or more, any expenditure or obligation, the name of the person from whom
received or to whom paid and the purpose of each expenditure or obligation
shall be listed. Nothing in this subsection shall be construed to require the
disclosure of the names of individuals paid to circulate an initiative or
referendum petition. All receipts under twenty-five dollars ($25.00) shall be
reported but need not be itemized. Should the accumulation of receipts from an
individual exceed the twenty-five dollar ($25.00) threshold, all receipts from
that individual shall be itemized. If the receipts, expenditures or obligations
were for more than one (1) candidate, the amounts attributable to each shall be
itemized separately. The statement may be filed by
facsimile transmission if the original is postmarked on the day the facsimile
is sent.
(d) The chairman
of each political party central committee for the state or county, or an
officer of the party designated by him, shall file an itemized statement of
receipts of twenty-five dollars ($25.00) or more,
and any expenditures and obligations. The
itemized statement shall be filed. The statement may shall be
filed by facsimile transmission within
ten (10) days after a general or special election.
provided an original signed statement is sent by
mail on the same day. The statement shall report all receipts,
expenditures and obligations relating to campaign expenses, including normal
operating expenses. All receipts under twenty-five dollars ($25.00) shall be
reported but need not be itemized. Should the accumulation of receipts from an
individual exceed the twenty-five dollar ($25.00) threshold, all receipts from
that individual shall be itemized. It shall attribute all campaign receipts,
expenses and obligations to a specific candidate only if the campaign receipts,
expenses and obligations can be specifically identified to that specific
candidate to the exclusion of other candidates on the ticket. A copy of the
statement shall be furnished to each candidate identified in the statement
within ten (10) days after the general or special election.
22-25-107. Where statements to be filed.
(a) All
statements required under W.S. 22-25-101, 22-25-102
and 22-25-106 under this chapter shall be filed as
follows:
(b) Statements required to be filed at least seven (7) days before any primary, general or special election may be filed by facsimile transmission without the original signatures. Statements required to be filed after any primary, general or special election may be filed by facsimile transmission provided that an original with the required signatures is postmarked on the day the facsimile is sent.
(c) Any statement required under this chapter to be filed with:
(i) The secretary of state, may be filed electronically as provided under W.S. 9-2-2501 if the secretary of state has adopted rules which allow for the electronic filing;
(ii) A county clerk, may be filed electronically if the board of county commissioners has adopted rules consistent with the requirements of W.S. 9-2-2501 which allow for electronic filing.
(b)(d) Whenever "county clerk" is
used in this chapter, it means the county clerk of the county in which the
person resides.
22-25-108. Failure of candidate or committee to file statement.
(a) A
candidate who fails to file, within the time required, a full and complete
itemized statement of receipts and expenditures shall receive a notice by certified mail return receipt requested
stating that failure to file the statement within three (3) calendar days of
receipt of the notice shall result in a vacancy in nomination or a vacancy in
office, as the case may be and may be charged with a criminal offense as
provided by W.S. 22-26-112 have his name
printed on a list drafted by the appropriate filing office specified under W.S.
22-25-107. The list shall immediately be posted in the filing office and made
available to the public. If he fails a candidate has failed to file within three (3) calendar a full and complete itemized statement of receipts and
expenditures for more than fourteen (14) days after receipt of notice it
is due, he shall not receive a certificate of nomination, or
election, nor shall he enter upon the duties of the office, as the case may be
and may be charged with a misdemeanor as provided by W.S. 22-26-112. A late filing fee of twenty-five dollars ($25.00) shall
accompany all late reports.
(b) In
addition to any other penalty provided by law, a candidate who fails to file
the statement required by subsection (a) of this section within one (1) month
of receipt of the notice provided the report due date is ineligible to run as a
candidate for any state or local office for which a statement is required by
W.S. 22-25-106 until:
(c) Any
political action committee which fails to file a report as required shall be
sent notice by the secretary of state, by certified mail return receipt
requested or personal service in accordance with rule 4 of the Wyoming Rules of
Civil Procedure, stating that failure to file the statement within three (3)
calendar days of receipt of the notice may result in the filing of criminal
charges against the committee's officers responsible for the filing. A late filing fee of twenty-five dollars ($25.00) shall
accompany all late reports. Any officer of a political action committee
who is responsible for filing a report and who knowingly and willfully fails to
file a report as required or who knowingly and willfully subscribes to, makes
or causes to be made a false report is guilty of a felony punishable by
imprisonment not to exceed two (2) years.
22-25-109. Reporting candidates in violation.
The
secretary of state shall report the names of all candidates in violation of the
Election Code of the state of Wyoming to the attorney general or to the
district attorney for appropriate action. The
secretary of state shall publish a list of those persons violating W.S. 22-25-106,
once in a newspaper in general circulation throughout the state.
Section 2. This act is effective January 1, 2003.
(END)