§ 17-25-20 - Eligibility criteria for matching public funds.
SECTION 17-25-20
§ 17-25-20 Eligibility criteria formatching public funds. – In order to receive matching public funds under § 17-25-19, a qualifyingcandidate must comply with the following requirements:
(1) The candidate must sign a statement under oath, asprovided for in § 17-25-19, pledging to comply with the limitations oncontributions and expenditures for election purposes and with all the terms andconditions set forth in this chapter. Upon the filing of the statement, acandidate for general office shall be bound to abide by the limitations oncontributions and expenditures set forth in this chapter and may not withdrawfrom his or her obligation to abide by these restrictions.
(2) Subject to the provisions of paragraph (ii) of thissubdivision, no participating candidate shall either receive or expend forelection purposes more than a total of public and private funds in the sum ofone million five hundred thousand dollars ($1,500,000) in an election cycle. Noparticipating candidate for general office other than governor shall receive orexpend for election purposes more than a total of public and private funds inthe sum of three hundred seventy-five thousand dollars ($375,000) in anelection cycle.
(ii) The limitations on contributions received from privatesources, matching funds available from the state, and total permittedexpenditures shall apply in the 1994 general election and, subject toappropriations by the general assembly, shall increase by a percentage to bedetermined by the board of elections in January of each year in which a generalelection involving general offices is held, beginning in 1998. In no case shallthe increase exceed the total increase in the consumer price index since themonth in which the previous general election involving general was held.
(3) Only the first two thousand dollars ($2,000) of theaggregate private monetary contributions from a single private source within anelection cycle shall be eligible for matching public funds for candidates forgovernor; provided, that the entire amount contributed shall be consideredtoward the dollar limits provided in subdivision (2) of this section.
(ii) Only the first one thousand dollars ($1,000) of theaggregate private monetary contributions from a single private source within anelection cycle shall be eligible for matching public funds for candidates forlieutenant governor, secretary of state, attorney general, and generaltreasurer; provided, that the entire amount contributed shall be consideredtoward the dollar limits provided for in subdivision (2) of this section.
(iii) Any private funds lawfully contributed during thecurrent election cycle shall be eligible for matching public funds subject tothe terms and conditions of this section, and private funds donated during apreceding election cycle shall not be eligible for matching public funds.
(4) The direct costs incurred in connection with raisingcampaign funds on behalf of a candidate shall not be deemed to be expendituresfor the purposes of the limitations on expenditures set forth in subdivision(2) of this section. Direct costs shall include costs of printing and mailinginvitations to fundraising events, solicitations for contributions, costs ofhosting fundraising events, and travel to those events, but shall not includeany portion of the salary or wages of campaign employees, nor the cost of anyradio, television, or printed advertisement. The cost of a fundraising eventmust be less than the amount of money realized from the gross proceedsgenerated by the fundraising event in order to qualify for this exclusion.
(5) If a candidate who has accepted public funds makesexpenditures in excess of the permitted amounts, the candidate shall be liablefor a civil assessment payable to the state in an amount equal to three (3)times the amount of excess funds expended. In addition, the candidate shall beineligible for further participation in the public financing program during thesame election cycle.
(6) In order to receive payments under this section, anyindependent candidate shall first meet the following additional minimumrequirements:
(i) Raise an amount in qualified private contributions equalto twenty percent (20%) of the total amount eligible to be matched for electionas to the office sought;
(ii) Receive private contributions from a minimum of twohundred fifty (250) individuals contributing at least twenty-five dollars($25.00) each; and
(iii) Comply with any and all applicable nominationprovisions in this title and qualify for the general election ballot pursuantto the process set forth in this title.
(7) No public funds received by any candidate pursuant to§§ 17-25-19 – 17-25-27 of this chapter and no private funds usedto qualify for the public funds shall be expended by the candidate for anypurpose except to pay reasonable and necessary expenses directly related to thecandidate's campaign.
(8) No public funds shall be expended by the candidate,except for one or more of the following uses directly related to the campaignof the candidate:
(i) Purchase of time on radio or television stations;provided, however, the content of all television time shall include captioningfor the deaf and hard of hearing and the content of all radio time must beavailable in a written or text format at the time of request;
(ii) Purchase of rental space on outdoor signs or billboards;
(iii) Purchase of advertising space in newspapers andregularly published magazines and periodicals;
(iv) Payment of the cost of producing the material aired ordisplayed on radio, television, outdoor signs or billboards, and in newspapers,regularly published magazines, and periodicals;
(v) Payment of the cost of printing and mailing campaignliterature and brochures;
(vi) Purchase of signs, bumper stickers, campaign buttons,and other campaign paraphernalia;
(vii) Payment of the cost of legal and accounting expensesincurred in complying with the public financing law and regulations as requiredby this chapter;
(viii) Payment of the cost of telephone deposits,installation charges, and monthly billings in excess of deposits;
(ix) Payment of the costs of public opinion polls andsurveys; and
(x) Payment of rent, utilities and associated expensesconnected with the operation of an election headquarters or satellite electionoffices.
(9) Contributions received and expended by any candidate forthe purpose of defraying any expense or satisfying any loan obligationsincurred prior to January 1, 1991, by the candidate in furtherance of his orher candidacy in a previous election cycle, as defined in § 17-25-3(5),shall not be counted toward any contribution or expenditure limitation in§§ 17-25-18 – 17-25-27.
(10) No candidate who has elected to receive public fundsshall contribute to or loan to his or her own campaign a sum in excess of fivepercent (5%) of the total amount that a candidate is permitted to expend in acampaign for the office pursuant to §§ 17-25-19 and 17-25-21.