SF0100 - Campaign reporting-receipts and expenditure filings.
|
2001 |
State of Wyoming |
01LSO-0283 |
SENATE FILE NO. SF0100
Campaign reporting-receipts and expenditure filings.
Sponsored by: Senator(s) Case and Decaria and
Representative(s)
Burns, Johnson, L. and
Warren
A BILL
for
1 AN ACT relating to
elections; modifying requirements for
2
filing campaign reports of receipts and expenditures;
3
modifying enforcement provisions; and providing for an
4
effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S.
22-25-106(a), 22-25-106(b)(i), (ii)
9
and (iii), 22-25-107(a)(i) and (ii), 22-25-108(a),
10 (b)(intro) and (c) and 22-25-109 are
amended to read:
11
12 22-25-106. Filing of campaign reports.
13
14 (a) Except as otherwise provided in subsection (g) of
15 this
section and in addition to other statements required
16 by
this subsection, every candidate shall file a fully
Page 1
1 itemized statement of receipts and expenditures at least
2 seven (7) days before any primary,
general or special
3 election with information required by
this subsection
4 current to the fourteenth day before
the election. Except
5 as
otherwise provided in subsection (g) of
this section,
6 every
candidate, whether successful or not, shall file a
7 fully
itemized statement of receipts and expenditures
8 within
ten (10) days after any primary, general
or special
9 election.
The statement Statements under this subsection
10 shall set forth the full and complete record
of receipts
11 including cash, goods or services and of actual
and
12 promised expenditures, including all
identifiable expenses
13 as set forth in W.S. 22-25-103. The date of
each receipt of
14 twenty-five dollars ($25.00) or more, any
expenditure or
15 obligation, the name of the person from whom
received or to
16 whom paid and the purpose of each
expenditure or obligation
17 shall be listed. All receipts under
twenty-five dollars
18 ($25.00) shall be reported but need not be
itemized. Should
19 the accumulation of receipts from an individual
exceed the
20 twenty-five dollar ($25.00) threshold, all
receipts from
21 that individual shall be itemized. Receipts,
expenditures
22 and obligations itemized in a statement
filed by a
23 political action committee, a candidate's
campaign
24 committee or by a political party central
committee need
Page 2
1 not
be itemized in a candidate's statement except by total
2
with a reference to the statement. The
statement Statements
3 under this subsection shall be filed with those
officers as
4 provided
in W.S. 22-25-107. The A statement may be filed by
5 facsimile
transmission if the original is postmarked on the
6 day
the facsimile is sent.
7
8 (b) Reports of
itemized statements of receipt and
9
expenditures, and statements of termination shall be made
10 with the appropriate filing officers
specified under W.S.
11 22-25-107 and in accordance with the
following:
12
13 (i) Except as
otherwise provided in this
14 section, any political action committee,
candidate's
15 campaign committee, or any political action
committee
16 formed under federal law or the law of
another state that
17 contributes to a Wyoming political action
committee or to a
18 candidate's campaign committee, and any
other organization
19 supporting or opposing any ballot proposition
which expends
20 any funds in any primary, general or special
election shall
21 file an itemized statement of receipts and
expenditures at
22 least seven (7)
days before the election current to the
23 fourteenth day
before the election and shall also file a
Page 3
1 statement of receipts and expenditures within ten
(10) days
2 after
the a general
or special election;
3
4 (ii) A committee
formed after an election to
5
defray campaign expenses incurred during a previous
6
election and any political action or candidate's campaign
7
committee which has previously filed a statement of
8
receipts and expenditures and has not filed a statement of
9 termination
shall file an itemized statement of receipts
10 and expenditures on July 1 and December 31 of each
11 odd-numbered year;
12
13 (iii) All
candidates and committees shall
14 continue to make the biannual reports required under this
15 subsection until the committee terminates and
the candidate
16 or committee files a statement of
termination with the
17 appropriate filing officer. A statement of
termination may
18 be filed upon retirement of all debts;
19
20 22-25-107. Where statements to be filed.
21
22 (a) All
statements required under W.S. 22-25-101,
23 22-25-102 and 22-25-106 shall be filed as
follows:
24
Page 4
1 (i) Any candidate
for a municipal, county,
2 judicial, hospital, school or college board
office and any
3
political action committee or candidate's campaign
4
committee supporting such a candidate and any political
5
action committee supporting or opposing a municipal
6
initiative or referendum within the county, shall file with
7 the
county clerk;
8
9 (ii) Any candidate
for a state legislative or
district
judgeship office and any political action
11 committee or candidate's campaign committee
supporting or
12 opposing such a candidate, shall file with
the secretary of
13 state;
14
15 22-25-108. Failure of candidate or
committee to file
16 statement.
17
18 (a) A
candidate who fails to file, within the time
19 required, a full and complete itemized
statement of
20 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
Page 5
1 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
3 appropriate filing office under W.S.
22-25-107. The list
4 shall immediately be posted in the
filing office and made
5 available to the public. If
he fails a
candidate has failed
6 to file within three (3) calendar a full and complete
7 itemized statement of receipts and
expenditures for more
8 than fourteen (14) days
after receipt of notice it is due,
9 he
shall not receive a certificate of nomination, or
10 election, nor shall he enter upon the duties
of the office,
11 as the case may be and may be charged with a
misdemeanor as
12 provided by W.S. 22-26-112. A late report shall not be
13 considered filed
unless accompanied by a filing fee of
14 twenty-five dollars ($25.00). shall accompany all
late
reports.
16
17 (b) In
addition to any other penalty provided by law,
18 a candidate who fails to file the statement
required by
19 subsection (a) of this section within one
(1) month of
20 receipt of the
notice provided the report due date
is
21 ineligible to run as a candidate for any
state or local
22 office for which a statement is required by
W.S. 22-25-106
23 until:
24
Page 6
1 (c) Any political
action committee which fails to
2
file a report as required shall be sent notice by the
3
secretary of state, by certified mail return receipt
4
requested or personal service in accordance with rule 4 of
5 the
Wyoming Rules of Civil Procedure, stating that failure
6 to
file the statement within three (3) calendar days of
7
receipt of the notice may result in the filing of criminal
8
charges against the committee's officers responsible for
9 the
filing. A late report shall not be considered filed
10 unless
accompanied by a filing fee of twenty-five dollars
11 ($25.00).
shall accompany all late reports. Any
officer of
12 a political action committee who is
responsible for filing
13 a report and who knowingly and willfully
fails to file a
14 report as required or who knowingly and
willfully
15 subscribes to, makes or causes to be made a
false report is
16 guilty of a felony punishable by
imprisonment not to exceed
17 two (2) years.
18
19 22-25-109. Reporting candidates in violation.
20
21 The secretary of state shall report
the names of all
22 candidates in violation of the Election Code
of the state
23 of Wyoming to the attorney general or to the
district
24 attorney for appropriate action. The secretary of state
Page 7
1 shall publish a list of those persons violating W.S.
22-25-106, once in a newspaper in
general circulation
throughout the state.
4
5 Section 2. This act is effective July 1, 2001.
6
7 (END)
Page 8