SB723: Campaign finance disclosure; reports of large contributions by governing body members.


SENATE BILL NO. 723
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Privileges and Elections
on February 9, 2010)
(Patron Prior to Substitute--Senator Ticer)
A BILL to amend and reenact ?? 24.2-947.6, 24.2-947.7, 24.2-947.8, 24.2-948.1, and 24.2-953.1 of the Code of Virginia and to repeal ? 24.2-948 of the Code of Virginia, relating to campaign finance disclosure; reports by governing body members of certain large contributions.

Be it enacted by the General Assembly of Virginia:

1. That ?? 24.2-947.6, 24.2-947.7, 24.2-947.8, 24.2-948.1, and 24.2-953.1 of the Code of Virginia are amended and reenacted as follows:

? 24.2-947.6. Filing schedule for candidates for office; November elections.

A. Any candidate for any office to be filed at a November general election, shall file the prescribed campaign finance reports as follows:

1. Not later than July 15 in a nonelection year for the period January 1 through June 30;

2. Not later than January 15 following a nonelection year for the period July 1 through December 31;

3. In an election year, not later than April 15 for the period January 1 through March 31 and pursuant to subdivisions 4 through 9 of this section;

4. Not later than the eighth day before the primary date complete through the thirteenth day before the primary date;

5. Not later than July 15 complete through June 30;

6. Not later than September 15 complete through August 31;

7. Not later than October 15 complete through September 30;

8. Not later than the eighth day before the November election date complete through the thirteenth day before the election date;

9. Not later than the thirtieth day after the November election date complete through the twenty-third day after the election date; and

10. Not later than January 15 following an election year complete through December 31, and then in accordance with subdivisions A 1 and A 2 or subdivisions A 3 through A 9, as appropriate, of this subsection until a final report is filed.

B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 3 through A 9 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 3 through A 9.

C. Any candidate shall also file any report of certain large contributions required by ? 24.2-947.9 or 24.2-948, if applicable.

? 24.2-947.7. Filing schedule for candidates for office; May elections.

A. Any candidate for election to a local office to be filled at a May general election shall file the prescribed campaign finance reports as follows:

1. Not later than July 15 in a nonelection year for the period January 1 through June 30;

2. Not later than January 15 following a nonelection year for the period July 1 through December 31;

3. For municipal primary candidates only, not later than the eighth day before the primary date complete through the eleventh day before the primary;

4. Not later than April 15 of the election year complete through March 31;

5. Not later than the eighth day before the election date complete through the eleventh day before the election date;

6. Not later than June 15 of the election year complete through June 10;

7. Not later than July 15 of the election year complete through June 30; and

8. Not later than the following January 15 complete through December 31, and then in accordance with subdivisions A 1 and A 2 or subdivisions A 3 through A 7, as appropriate, of this subsection until a final report is filed.

B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 3 through A 8 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 3 through A 8.

C. Any candidate shall also file any report of certain large contributions required by ? 24.2-947.9 or 24.2-948, if applicable.

? 24.2-947.8. Filing requirements for special elections.

A. Candidates for nomination or election to an office to be filled by a special election held on a regular election date shall file the prescribed reports of contributions and expenditures which apply to regularly scheduled elections for that office.

B. In the case of a special election held on a date other than a regularly scheduled general election, the candidate shall file as follows:

1. A report not later than the eighth day before the special election date complete through the eleventh day before that date;

2. A postelection report no later than the thirtieth day after the election and prior to taking office; and

3. A postelection report not later than January 15 and July 15 each year until a final report is filed.

C. Any candidate, who has been subject to the election year filing schedule set out in subdivisions B 1 through B 3 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in ? 24.2-947.6 or 24.2-947.7 as appropriate for that office.

D. Any candidate shall also file any report of certain large contributions required by ? 24.2-947.9 or 24.2-948, if applicable.

? 24.2-948.1. Exemption from reporting requirements for certain candidates for local office.

A. This section shall apply to candidates for local office. A candidate for local office may seek an exemption from the requirements for filing campaign finance disclosure reports set out in this chapter except for the filing requirements of ?? 24.2-945.2, 24.2-947.1, 24.2-947.9, 24.2-948, and 24.2-948.4 pertaining to certain independent expenditures, the statement of organization, large contributions, and the filing of a final report. The request for an exemption shall be filed with the electoral board of the county or city where the candidate resides on a form prescribed by the State Board and in accordance with instructions by the State Board for the time for filing and the process for approval by the electoral board.

B. To qualify for an exemption, the candidate shall certify on the form that (i) he has not and will not solicit or accept any contribution from any other person or political committee during the course of his campaign, (ii) he has not and will not contribute to his own campaign more than $1,000, (iii) he has not and will not expend more than $1,000 in the course of his campaign, and (iv) that he has complied and will comply with the requirements of this chapter. This certification shall apply for the duration of the campaign until the filing of a final report in compliance with ? 24.2-948.4 after the election. A candidate may rescind his certification and exemption at any time during the campaign and shall file in accordance with the appropriate filing schedule thereafter, provided that the candidate rescinds his certification prior to engaging in the activities described in clauses (i), (ii), and (iii) of this subsection. The first report filed shall account for all prior contributions and expenditures pertaining to his campaign.

C. Any candidate who has qualified for an exemption from reporting requirements pursuant to this section shall not be permitted to qualify for any office, enter upon the duties thereof, or receive any salary or emoluments therefrom until a final report has been filed that details all financial activity of the candidate's campaign and states that all reporting for the nomination and election is complete and final. No officer authorized by the laws of the Commonwealth to issue certificates of election shall issue one to any person determined to be elected to any such office, until copies of the final report cited above have been filed as required in this chapter.

D. A candidate who has a current exemption under the provisions of this section, or who is otherwise exempt from reporting contributions and expenditures under this chapter, may purchase voter lists from the State Board under the provisions of ?? 24.2-405 and 24.2-406 with a check drawn on the candidate's personal account.

? 24.2-953.1. Failure to file the required reports.

A. In the case of a failure to file the statement of organization for a candidate campaign committee or political committee required by this chapter, there shall be a civil penalty not to exceed $500.

B. In the case of the failure to file a required report, the candidate campaign committee or political committee shall be assessed a civil penalty not to exceed $500. In the case of the failure to file a report required pursuant to subsection D of ? 24.2-949.6, the political action committee shall be assessed a civil penalty not to exceed $500. In the case of a second or any subsequent such violation pertaining to one election cycle, the candidate campaign committee or political committee shall be assessed a civil penalty of $1,000 for each such failure to file.

C. In the case of a failure to file the report of any large pre-election contribution required by ? 24.2-947.9, a large contribution report required by ? 24.2-948, or a report required pursuant to subsection D of ? 24.2-949.6, there shall be a rebuttable presumption that the violation was willful.

2. That ? 24.2-948 of the Code of Virginia is repealed.

SENATE BILL NO. 723
Offered January 25, 2010
A BILL to amend and reenact ? 24.2-948 of the Code of Virginia, relating to campaign finance disclosure; reports of large contributions by governing body members.
Patron-- Ticer

Unanimous consent to introduce

Referred to Committee on Privileges and Elections

Be it enacted by the General Assembly of Virginia:

1.  That ? 24.2-948 of the Code of Virginia is amended and reenacted as follows:

? 24.2-948. Special reports required of certain large contributions received by members of county boards of supervisors and city and town councils.

A. Any contribution reported pursuant to this section shall also be reported on the next report required by this article.

B. The campaign committee of any incumbent member of a county board of supervisors or city or town council shall report as required by this section any single contribution of $500 $2,500 or more knowingly received by the member's campaign committee during any year other than the election year for his office. The receipt of the contribution shall be reported in writing as provided in ?? 24.2-947.4 and 24.2-947.5 or electronically pursuant to ? 24.2-946.1, and the report shall be received by the local electoral board by the end of the fifteenth business day following receipt of the contribution. The campaign committee of a member of a county board of supervisors or city or town council shall file the reports required by this section with the electoral board of the locality where the incumbent member resides. Any contribution reported pursuant to this section shall also be reported on the first periodic report required by this article following receipt of the contribution.

C. The report shall be on a form prescribed by the State Board and shall include (i) the name of the contributor, the address of the contributor, and the amount of the contribution; (ii) for each such individual contributor, the occupation of the contributor, the name of his employer or principal business, and the locality where employed or where his business is located; and (iii) for each such contributor, other than an individual, the place of business and principal type of business of the contributor.