SB 43

Currently, individuals who accept contributions, organizations that make or

accept contributions, and individuals who or organizations that incur obligations or

make disbursements for the purpose of influencing an election for state or local office

are generally required to register with the appropriate filing officer and to file

financial reports with that officer, regardless of whether they act in conjunction with

or independently of any candidate who is supported or opposed.

With certain exceptions, this bill imposes registration and reporting

requirements, in addition, upon any individual who and organization that, within

60 days of an election and by means of communications media, makes any

communication that includes a reference to a candidate at that election, an office to

be filled at that election, or a political party. The bill also requires an individual who

or organization that becomes subject to a registration requirement by making such

a communication to report, upon registration, the information that would have been

required to be reported if the individual or organization had been registered with

respect to any obligation incurred or disbursement made for the purpose of making

such a communication prior to registration. The bill, however, does not require

registration and reporting if the communication is made by a corporation,

cooperative, or nonpolitical voluntary association and is limited to the corporation's,

cooperative's, or association's members, shareholders, or subscribers. In addition,

the bill exempts from registration and reporting the cost of making a communication

that 1) does not mention an election, candidacy, opposing candidate, political party,

or voting by the general public; and 2) does not take a position on a candidate's or

officeholder's character, qualifications, or fitness for office, and either a) focuses on

a legislative or executive matter or issue and urges a candidate to take a particular

position or action with respect to the matter or issue or urges the public to contact

a candidate with respect to the matter or issue, or b) proposes a commercial

transaction, such as the purchase of a book, video, or other product or service, unless

the communication is susceptible of no reasonable interpretation other than as an

appeal to vote for or against a candidate for state or local office whose name is

certified to appear on the ballot at the election.

The change in the scope of reportable activity under the bill also applies to

contribution and disbursement (spending) limitations and restrictions by causing

reportable "contributions," "obligations," and "disbursements" to include the cost of

all reportable communications.

Violators of registration and reporting requirements are subject to a forfeiture

(civil penalty) of not more than $500 for each violation. In addition, any person who

is delinquent in filing a report is subject to a forfeiture of not more than $50 or 1

percent of the annual salary of the office for which a candidate is being supported or

opposed, whichever is greater, for each day of delinquency. Intentional violators of

the registration requirements and persons who intentionally file false reports or