1 HB154
2 208743-6
3 By Representative Whitt
4 RFD: Constitution, Campaigns and Elections
5 First Read: 02-FEB-21
6 PFD: 01/26/2021
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1
2 ENROLLED, An Act,
3 Relating to campaign finance statements and reports;
4 to amend Sections 17-5-4, 17-5-5, 17-5-8, 17-5-9, 17-5-10,
5 17-5-11, 17-5-19.1, and 17-5-19.2, Code of Alabama 1975; to
6 require all campaign finance reports and statements to be
7 filed electronically and filed with the Secretary of State;
8 and to make nonsubstantive, technical revisions to update
9 existing code language to current style.
10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
11 Section 1. Sections 17-5-4, 17-5-5, 17-5-8, 17-5-9,
12 17-5-10, 17-5-11, 17-5-19.1, and 17-5-19.2, Code of Alabama
13 1975, are amended to read as follows:
14 "17-5-4.
15 "(a) Within five days after any person becomes a
16 candidate for office, such the person shall file with the
17 Secretary of State or judge of probate, as provided in Section
18 17-5-9, a statement showing the name of not less than two nor
19 more than five persons elected to serve as the principal
20 campaign committee for such the candidate, together with a
21 written acceptance or consent by such the committee, but any
22 candidate may declare himself or herself as the person chosen
23 to serve as the principal campaign committee, in which case
24 such the candidate shall perform the duties of chair and
25 treasurer of such the committee prescribed by this chapter.
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1 "(b) If any vacancies are vacancy is created by
2 death, or resignation, or any other cause, such the candidate
3 may fill such the vacancy, or the remaining members shall
4 discharge and complete the duties required of such the
5 committee as if such the vacancy had not been created. The
6 principal campaign committee, or its treasurer, shall have
7 exclusive custody of all moneys monies contributed, donated,
8 subscribed, or in any manner furnished to or for the candidate
9 represented by such the committee, and shall account for and
10 disburse the same.
11 "(c) If a candidate serves as his or her own
12 principal campaign committee, he or she shall designate a
13 person responsible for dissolving that principal campaign
14 committee in the event of death or incapacity by filing a
15 statement of dissolution and filing a termination report. If
16 the designated person is unable to serve in this capacity at
17 the time of death or incapacity, the principal campaign
18 committee shall be dissolved by the candidate's personal
19 representative as appointed by the judge of probate. All funds
20 held by the principal campaign committee at the time of death
21 shall be disposed of in a manner provided in Section 17-5-7.
22 "(d) No candidate shall expend any money in aid of
23 his or her nomination or election except by contributing to
24 the principal campaign committee designated by the candidate.
25 "17-5-5.
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1 "(a) The treasurer or designated filing agent of
2 each political action committee which that anticipates either
3 receiving contributions or making expenditures during the
4 calendar year in an aggregate amount exceeding one thousand
5 dollars ($1,000) shall file with the Secretary of State or the
6 judge of probate as herein provided in Section 17-5-9, a
7 statement of organization, within 10 days after its
8 organization or, if later within 10 days after the date on
9 which it has information which that causes the committee to
10 anticipate it will receive contributions or make expenditures
11 in an aggregate amount in excess of one thousand dollars
12 ($1,000).
13 "(b) The statement of organization shall include all
14 of the following:
15 "(1) The name and complete address of the committee.
16 "(2) The identification of affiliated or connected
17 organizations, if any.
18 "(3) The purposes of the committee.
19 "(4) The identification of the chair and treasurer.
20 "(5) The identification of principal officers,
21 including members of any finance committee.
22 "(6) A description of the constitutional amendments
23 or other propositions, if any, that the committee is
24 supporting or opposing, and the identity, if known, of any
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1 candidate or elected official that the committee is supporting
2 or opposing.
3 "(7) A statement whether the committee is a
4 continuing one, and if not, the expected termination or
5 dissolution date.
6 "(8) The disposition of residual funds which will be
7 made in the event of dissolution.
8 "(c) Whenever there is any material change in
9 information previously submitted in a statement of
10 organization, except for the information described in
11 subdivision (b) (6) above, the treasurer or designated filing
12 agent of the political action committee shall report the
13 change to the Secretary of State or judge of probate as
14 provided in Section 17-5-9, within 10 days following the
15 change.
16 "(d) Any political action committee or any principal
17 campaign committee after having filed its initial statement of
18 organization shall continue in existence until terminated or
19 dissolved as provided herein. When any political action
20 committee determines it will no longer receive contributions
21 or make expenditures during any calendar year in an aggregate
22 amount exceeding one thousand dollars ($1,000), or when any
23 candidate through his or her principal campaign committee
24 determines that he or she will not receive contributions or
25 make expenditures in the amounts specified in Section 17-5-2,
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1 the treasurer, designated filing agent, or candidate of such
2 the political committee shall so notify the Secretary of State
3 or judge of probate, as designated in Section 17-5-9, of the
4 termination or dissolution of such the political committee and
5 shall file a termination report in the same format as that
6 required by subsection (b) of Section 17-5-8. The Secretary of
7 State shall have the authority to may dissolve or terminate
8 any political action committee that has maintained a zero
9 balance for one calendar year after providing a 90-day notice
10 of intent to do so by certified mail with return receipt.
11 "17-5-8.
12 "(a) All filings to the Secretary of State under
13 this section shall be made electronically. Electronic filings
14 shall be available to the public on a searchable database
15 maintained on the Secretary of State's public website.
16 "(b) The treasurer, designated filing agent, or
17 candidate, shall file with the Secretary of State or judge of
18 probate, as designated in Section 17-5-9, periodic reports of
19 contributions and expenditures at the following times once a
20 principal campaign committee files its statement under Section
21 17-5-4 or a political action committee files its statement of
22 organization under Section 17-5-5:
23 "(1) Beginning after the 2012 election cycle,
24 regardless Regardless of whether a candidate has opposition in
25 any election, monthly reports not later than the second
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1 business day of the subsequent month, beginning 12 months
2 before the date of any primary, special, runoff, or general
3 election for which a political action committee or principal
4 campaign committee receives contributions or makes
5 expenditures with a view toward influencing such election's
6 result. A monthly report shall include all reportable
7 transactions for the previous full month period. Reports shall
8 be required as provided in subdivisions (2) and (3).
9 "(2) With regard to a primary, special, runoff, or
10 general election, a report shall be required weekly on the
11 Monday of the succeeding week for each of the four weeks
12 before the election that includes all reportable activities
13 for the previous week.
14 "(3)a. In addition to the reporting dates specified
15 in subdivisions (1) and (2), reports required to be filed with
16 the Secretary of State shall be filed with the Secretary of
17 State on the eighth, seventh, sixth, fifth, fourth, third, and
18 second day preceding a legislative, state school board, or
19 other statewide primary, special, runoff, or general election,
20 and by 12:01 p.m. on the day preceding a legislative, state
21 school board, or statewide, primary, special, runoff, or
22 general election if any principal campaign committee or
23 political action committee receives or spends in the aggregate
24 five thousand dollars ($5,000) or more on that day with a view
25 toward influencing an election's results. If a daily report is
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1 required pursuant to this subdivision, the report shall
2 include all reportable activity occurring on the day of the
3 report as well as all reportable activity that has occurred on
4 each day since the most recent prior report. Principal
5 campaign committees and political action committees that are
6 exempt from electronic filing and principal campaign
7 committees and political action committees required to make
8 daily reports pursuant to this subdivision for the 2012
9 election cycle may file reports by facsimile (FAX)
10 transmission provided they keep proper documentation in their
11 office.
12 "b. Electronic filing on the Secretary of State's
13 website may be implemented sooner than the 2014 election cycle
14 as an alternative method of reporting; however, electronic
15 filing shall be required beginning with the 2014 election
16 cycle. Electronic filings shall be available to the public on
17 a searchable database maintained on the Secretary of State's
18 website.
19 "(b)(c) Except as provided in subsection (k)(i),
20 each principal campaign committee, political action committee,
21 and elected state and local official covered under the
22 provisions of this chapter who has not closed his or her
23 principal campaign committee, shall file annually file with
24 the Secretary of State or judge of probate, as designated in
25 Section 17-5-9, reports of contributions and expenditures made
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1 during that year. No annual report is required to be filed by
2 a person who holds office because he or she was appointed to
3 serve the remainder of a term vacated by another person, until
4 the person serving has created a principal campaign committee.
5 The annual reports required under this subsection shall be
6 made on or before January 31 of the succeeding year.
7 "(c)(d) Each report under this section shall
8 disclose:
9 "(1) The amount of cash or other assets on hand at
10 the beginning of the reporting period and forward until the
11 end of that reporting period and disbursements made from same.
12 "(2) The identification of each person who has made
13 contributions to such committee or candidate within the
14 calendar year in an aggregate amount greater than one hundred
15 dollars ($100), together with the amount and date of all such
16 the contributions; provided, however, in the case of a
17 political action committee, identification shall mean the name
18 and city of residence of each person who has made
19 contributions within the calendar year in an aggregate amount
20 greater than one hundred dollars ($100).
21 "(3) The total amount of other contributions
22 received during the calendar year but not reported under
23 subdivision (c)(2) of this section.
24 "(4) Each loan to or from any person within the
25 calendar year in an aggregate amount greater than one hundred
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1 dollars ($100), together with the identification of the
2 lender, the identification of the endorsers, or guarantors, if
3 any, and the date and amount of such the loans.
4 "(5) The total amount of receipts from any other
5 source during such the calendar year.
6 "(6) The grand total of all receipts by or for such
7 the committee during the calendar year.
8 "(7) The identification of each person to whom
9 expenditures have been made by or on behalf of such the
10 committee or elected official within the calendar year in an
11 aggregate amount greater than one hundred dollars ($100), the
12 amount, date, and purpose of each such expenditure, and, if
13 applicable, the designation of each constitutional amendment
14 or other proposition with respect to which an expenditure was
15 made.
16 "(8) The identification of each person to whom an
17 expenditure for personal services, salaries, and or reimbursed
18 expenses greater than one hundred dollars ($100) has been
19 made, and which is not otherwise reported or exempted from the
20 provisions of this chapter, including the amount, date, and
21 purpose of such the expenditure.
22 "(9) The grand total of all expenditures made by
23 such the committee or elected official during the calendar
24 year.
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1 "(10) The amount and nature of debts and obligations
2 owed by or to the committee or elected official, together with
3 a statement as to the circumstances and conditions under which
4 any such debt or obligation was extinguished and the
5 consideration therefor.
6 "(d)(e) Each report required by this section shall
7 be signed and filed by the elected official or on behalf of
8 the political action committee by its chair or treasurer and,
9 if filed on behalf of a principal campaign committee, by the
10 candidate represented by such the committee. There shall be
11 attached to each such report an affidavit subscribed and sworn
12 to by the official or chair or treasurer and, if filed by a
13 principal campaign committee, the candidate represented by
14 such the committee, setting forth in substance that such the
15 report is to the best of his or her knowledge and belief in
16 all respects true and complete, and, if made by a candidate,
17 that he or she has not received any contributions or made any
18 expenditures which are not set forth and covered by such the
19 report.
20 "(e) Commencing with the 2014 election cycle,
21 electronic filing of contributions and expenditures for any
22 legislative, state school board, and statewide primary,
23 special, runoff, or general election shall be mandatory,
24 except as provided in subsection (g). The Secretary of State
25 may provide electronic reporting sooner than the 2014 election
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1 cycle. Electronic filing shall satisfy any filing requirements
2 of this chapter and no paper filing is required for any report
3 filed electronically.
4 "(f) In the 2012 election cycle the provisions for
5 the time of filing contained in subsection (a) shall apply to
6 the paper or facsimile (FAX) filings for any legislative,
7 state school board, or statewide primary, special, runoff, or
8 general election.
9 "(g) Electronic filing of reports shall not apply to
10 any campaign, principal campaign committee, or political
11 action committee receiving five thousand dollars ($5,000) or
12 less per election cycle.
13 "(h)(f) In connection with any electioneering
14 communication paid for by a person, nonprofit corporation,
15 entity, principal campaign committee, or other political
16 committee or entity, the payor shall disclose its
17 contributions and expenditures in accordance with this
18 section. The disclosure shall be made in the same form and at
19 the same time as is required of political action committees in
20 this section; provided, however, no duplicate reporting shall
21 be required by a political committee.
22 "(i)(g) Notwithstanding any disclosure requirements
23 of subsection (h)(f), churches are exempt from the
24 requirements of this section unless the church's expenditures
25 are used to influence the outcome of an election. Nothing
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1 herein shall require a church to disclose the identities,
2 donations, or contributions of members of the church. As used
3 in this section, the term church is defined in accordance with
4 and recognized by Internal Revenue Service guidelines and
5 regulations.
6 "(j)(h) Notwithstanding the disclosure requirements
7 of this section, the provisions of this section shall not be
8 interpreted to nor shall they require any disclosure for
9 expenses incurred for any electioneering communication used by
10 any membership or trade organization to communicate with or
11 inform its members, its members' f