67th Legislature SB 224.1
1 SENATE BILL NO. 224
2 INTRODUCED BY S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING CAMPAIGN FINANCE LAWS;
5 INCREASING THE CAMPAIGN FINANCE DISCLOSURE MONETARY THRESHOLD; PROHIBITING THE
6 COMMISSIONER OF POLITICAL PRACTICES FROM REQUESTING ADDITIONAL INFORMATION IN
7 DISCLOSURE REPORTS; PROVIDING THAT A PERSON WHO HOSTS A FUNDRAISING RECEPTION OR
8 OTHER POLITICAL EVENT ON THEIR PROPERTY IS NOT MAKING A CONTRIBUTION; REPEALING
9 NAMING AND LABELING PROVISIONS REGARDING POLITICAL COMMITTEES; REPEALING
10 AGGREGATE CONTRIBUTION LIMITS RECEIVED BY CERTAIN CANDIDATES; REVISING DEFINITIONS;
11 AMENDING SECTIONS 13-1-101 AND 13-37-229, MCA; AND REPEALING SECTIONS 13-37-210 AND 13-
12 37-218, MCA.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 Section 1. Section 13-1-101, MCA, is amended to read:
17 "13-1-101. Definitions. As used in this title, unless the context clearly indicates otherwise, the
18 following definitions apply:
19 (1) "Active elector" means an elector whose name has not been placed on the inactive list due to
20 failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313.
21 (2) "Active list" means a list of active electors maintained pursuant to 13-2-220.
22 (3) "Anything of value" means any goods that have a certain utility to the recipient that is real and that
23 is ordinarily not given away free but is purchased.
24 (4) "Application for voter registration" means a voter registration form prescribed by the secretary of
25 state that is completed and signed by an elector, is submitted to the election administrator, and contains voter
26 registration information subject to verification as provided by law.
27 (5) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such as
28 an optical scan system or other technology that automatically tabulates votes cast by processing the paper
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1 ballots.
2 (6) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their
3 approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment,
4 recall question, school levy question, bond issue question, or ballot question.
5 (b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by
6 the proper official that the legal procedure necessary for its qualification and placement on the ballot has been
7 completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the
8 secretary of state of the form of the petition or referral to the person who submitted the proposed issue.
9 (7) "Ballot issue committee" means a political committee specifically organized to support or oppose a
10 ballot issue.
11 (8) "Candidate" means:
12 (a) an individual who has filed a declaration or petition for nomination, acceptance of nomination, or
13 appointment as a candidate for public office as required by law;
14 (b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained
15 contributions, made expenditures, or given consent to an individual, organization, political party, or committee
16 to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure
17 nomination or election to any office at any time, whether or not the office for which the individual will seek
18 nomination or election is known when the:
19 (i) solicitation is made;
20 (ii) contribution is received and retained; or
21 (iii) expenditure is made; or
22 (c) an officeholder who is the subject of a recall election.
23 (9) (a) "Contribution" means:
24 (i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit,
25 payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;
26 (ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or
27 ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
28 (iii) the receipt by a political committee of funds transferred from another political committee; or
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1 (iv) the payment by a person other than a candidate or political committee of compensation for the
2 personal services of another person that are rendered to a candidate or political committee.
3 (b) The term does not mean:
4 (i) services provided without compensation by individuals volunteering a portion or all of their time on
5 behalf of a candidate or political committee;
6 (ii) or meals and lodging provided by individuals in their private residences for a candidate or other
7 individual; or
8 (iii) the use of a person's real property for a fundraising reception or other political event.
9 (c) This definition does not apply to Title 13, chapter 37, part 6.
10 (10) "Coordinated", including any variations of the term, means made in cooperation with, in
11 consultation with, at the request of, or with the express prior consent of a candidate or political committee or an
12 agent of a candidate or political committee.
13 (11) "De minimis act" means an action, contribution, or expenditure that is so small that it does not
14 trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant
15 enforcement as a campaign practices violation under Title 13, chapter 37.
16 (12) "Election" means a general, special, or primary election held pursuant to the requirements of state
17 law, regardless of the time or purpose.
18 (13) (a) "Election administrator" means, except as provided in subsection (13)(b), the county clerk and
19 recorder or the individual designated by a county governing body to be responsible for all election
20 administration duties, except that with regard to school elections not administered by the county, the term
21 means the school district clerk.
22 (b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder or
23 the individual designated by a county governing body to be responsible for all election administration duties
24 even if the school election is administered by the school district clerk.
25 (14) (a) "Election communication" means the following forms of communication to support or oppose a
26 candidate or ballot issue:
27 (i) a paid advertisement broadcast over radio, television, cable, or satellite;
28 (ii) paid placement of content on the internet or other electronic communication network;
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1 (iii) a paid advertisement published in a newspaper or periodical or on a billboard;
2 (iv) a mailing; or
3 (v) printed materials.
4 (b) The term does not mean:
5 (i) an activity or communication for the purpose of encouraging individuals to register to vote or to
6 vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;
7 (ii) a communication that does not support or oppose a candidate or ballot issue;
8 (iii) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
9 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
10 circulation;
11 (iv) a communication by any membership organization or corporation to its members, stockholders, or
12 employees; or
13 (v) a communication that the commissioner determines by rule is not an election communication.
14 (15) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to
15 perform duties as specified by law.
16 (16) (a) "Electioneering communication" means a paid communication that is publicly distributed by
17 radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other
18 distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does
19 not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the
20 district voting on the candidate or ballot issue, and that:
21 (i) refers to one or more clearly identified candidates in that election;
22 (ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that
23 election; or
24 (iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.
25 (b) The term does not mean:
26 (i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
27 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
28 circulation unless the facilities are owned or controlled by a candidate or political committee;
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1 (ii) a communication by any membership organization or corporation to its members, stockholders, or
2 employees;
3 (iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in the
4 candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;
5 (iv) a communication that constitutes a candidate debate or forum or that solely promotes a candidate
6 debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or
7 (v) a communication that the commissioner determines by rule is not an electioneering
8 communication.
9 (17) "Elector" means an individual qualified to vote under state law.
10 (18) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or
11 gift of money or anything of value:
12 (i) made by a candidate or political committee to support or oppose a candidate or a ballot issue; or
13 (ii) used or intended for use in making independent expenditures or in producing electioneering
14 communications.
15 (b) The term does not mean:
16 (i) services, food, or lodging provided in a manner that they are not contributions under subsection
17 (9);
18 (ii) payments by a candidate for personal travel expenses, food, clothing, lodging, or personal
19 necessities for the candidate and the candidate's family;
20 (iii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities
21 of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or
22 (iv) the cost of any communication by any membership organization or corporation to its members or
23 stockholders or employees; or
24 (v) the use of a person's real property for a fundraising reception or other political event.
25 (c) This definition does not apply to Title 13, chapter 37, part 6.
26 (19) "Federal election" means an election in even-numbered years in which an elector may vote for
27 individuals for the office of president of the United States or for the United States congress.
28 (20) "General election" means an election that is held for offices that first appear on a primary election
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1 ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104.
2 (21) "Inactive elector" means an individual who failed to respond to confirmation notices and whose
3 name was placed on the inactive list pursuant to 13-2-220 or 13-19-313.
4 (22) "Inactive list" means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313.
5 (23) (a) "Incidental committee" means a political committee that is not specifically organized or
6 operating for the primary purpose of supporting or opposing candidates or ballot issues but that may
7 incidentally become a political committee by receiving a contribution or making an expenditure.
8 (b) For the purpose of this subsection (23), the primary purpose is determined by the commissioner
9 by rule and includes criteria such as the allocation of budget, staff, or members' activity or the statement of
10 purpose or goal of the person or individuals that form the committee.
11 (24) "Independent committee" means a political committee organized for the primary purpose of
12 receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate
13 and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant
14 to the limits set forth in 13-37-216(1).
15 (25) "Independent expenditure" means an expenditure for an election communication to support or
16 oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue
17 committee.
18 (26) "Individual" means a human being.
19 (27) "Legally registered elector" means an individual whose application for voter registration was
20 accepted, processed, and verified as provided by law.
21 (28) "Mail ballot election" means any election that is conducted under Title 13, chapter 19, by mailing
22 ballots to all active electors.
23 (29) "Person" means an individual, corporation, association, firm, partnership, cooperative, committee,
24 including a political committee, club, union, or other organization or group of individuals or a candidate as
25 defined in subsection (8).
26 (30) "Place of deposit" means a location designated by the election administrator pursuant to 13-19-
27 307 for a mail ballot election conducted under Title 13, chapter 19.
28 (31) (a) "Political committee" means a combination of two or more individuals or a person other than
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1 an individual who receives a contribution or makes an expenditure:
2 (i) to support or oppose a candidate or a committee organized to support or oppose a candidate or a
3 petition for nomination;
4 (ii) to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or
5 (iii) to prepare or disseminate an election communication, an electioneering communication, or an
6 independent expenditure.
7 (b) Political committees include ballot issue committees, incidental committees, independent
8 committees, and political party committees.
9 (c) A candidate and the candidate's treasurer do not constitute a political committee.
10 (d) A political committee is not formed when a combination of two or more individuals or a person
11 other than an individual makes an election communication, an electioneering communication, or an
12 independent expenditure of $250 or less.
13 (32) "Political party committee" means a political committee formed by a political party organization
14 and includes all county and city central committees.
15 (33) "Political party organization" means a political organization that:
16 (a) was represented on the official ballot in either of the two most recent statewide general elections;
17 or
18 (b) has met the petition requirements provided in Title 13, chapter 10, part 5.
19 (34) "Political subdivision" means a county, consolidated municipal-county government, municipality,
20 special purpose district, or any other unit of government, except school d