MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representative Denny

AN ACT TO PROVIDE FOR CAMPAIGN EXPENDITURE LIMITS, TO PROVIDE FOR THE DISPOSITION OF SURPLUS CAMPAIGN FUNDS AND TO PROHIBIT CONTRIBUTIONS FROM POLITICAL COMMITTEES AND CORPORATIONS; TO PROHIBIT CONTRIBUTIONS IN EXCESS OF ONE THOUSAND DOLLARS; TO REPEAL SECTIONS 23-15-801, 23-15-803, 23-15-805, 23-15-807, 23-15-809, 23-15-811, 23-15-813, 97-13-15 AND 97-13-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PROCEDURES FOR THE DISCLOSURE OF CAMPAIGN FINANCES; TO REPEAL SECTION 23-15-815, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE SECRETARY OF STATE SHALL PROMULGATE RULES TO IMPLEMENT PROCEDURES FOR THE DISCLOSURE OF CAMPAIGN FINANCES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The maximum allowable campaign expenditures for candidates seeking election to the following elective officials shall be as follows:

Governor and United States Senator.............$1,000,000.00

Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, Commissioner of Insurance and Commissioner of Agriculture and Commerce........... ...................................................... 500,000.00

Public Service Commissioner, Transportation Commissioner, Judge of the Supreme Court and Congressmen............ 200,000.00

State Senator.................................... 60,000.00

State Representative............................. 50,000.00

Circuit court judge, chancery court judge........ 50,000.00

District attorney................................ 50,000.00

Candidates for the elective offices listed in this section shall not accept any contributions from any individual who does not reside within the geographic borders of the district, state, and in the case of a corporation, the corporation must be lawfully incorporated and legally doing business in this state or have a servant or agent for process residing in this state, which the respective elected officials represent; however, when the borders of the district which the respective elected official represents splits a county, the elected official may accept contributions from individuals from within the whole county which the district splits. The candidates shall not accept any contributions from any political committee or corporation. Contributions shall be made only from individual citizens.

Any funds not expended by candidates listed in this section shall be rebated to the contributor or in the discretion of the candidate the surplus funds may be donated to a nonprofit charitable organization or organizations of the candidate's choice that is tax exempt under Section 501(c) or (d) of the United States Internal Revenue Code and which has on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. No funds shall be held over after all campaign expenditures have been made but shall be distributed as provided in this paragraph.

SECTION 2. It shall be unlawful for any individual, political committee or corporation to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of such individual in excess of One Thousand Dollars ($1,000.00) to any individual as a contribution to the expense of any political party or any candidate for nomination by any political party or other individual acting in behalf of the candidate. The limit of One Thousand Dollars ($1,000.00) for contributions provided in this section shall be an annual limitation applicable to each calendar year. An individual, political committee or corporation may contribute Two Hundred Dollars ($200.00) or less without the necessity of reporting as provided in this chapter.

This section shall stand repealed from and after July 1, 1997.

SECTION 3. Section 23-15-801, Mississippi Code of 1972, is amended as follows:

23-15-801. (a) "Election" * * * means a general, special, primary or runoff election.

(b) "Candidate" * * * means an individual who seeks nomination for election, or election, to any elective office other than a federal elective office and for purposes of this article, an individual shall be deemed to seek nomination for election, or election:

(i) If such individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00); or

(ii) If such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.

(c) "Political committee" * * * means any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures.

(d) "Affiliated organization" * * * means any organization which is not a political committee, but which directly or indirectly establishes, administers or financially supports a political committee.

(e) (i) "Contribution" * * * includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person for the purpose of influencing any election for elective office or balloted measure;

(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party.

(f) (i) "Expenditure" * * * includes any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;

(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless the facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote.

(g) The term "identification" * * * means:

(i) In the case of any individual, the name, the mailing address, and the occupation of the individual, as well as the name of his or her employer; and

(ii) In the case of any other person, the full name and address of the person.

(h) The term "political party" * * * means an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of the association, committee or organization.

(i) The term "person" * * * means any individual, family, firm, corporation, partnership, association or other legal entity.

(j) The term "independent expenditure" * * * means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of the candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate.

(k) The term "clearly identified" * * * means that:

(i) The name of the candidate involved appears; or

(ii) A photograph or drawing of the candidate appears; or

(iii) The identity of the candidate is apparent by unambiguous reference.

(l) This section shall stand repealed from and after July 1, 1997.

SECTION 4. Section 23-15-803, Mississippi Code of 1972, is amended as follows:

23-15-803. (a) Statements of organization. Each political committee shall file a statement of organization no later than ten (10) days after receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or no later than ten (10) days after having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).

(b) Contents of statements. The statement of organization of a political committee shall include:

(i) The name and address of the committee and all officers;

(ii) Designation of a director of the committee and a custodian of books and accounts of the committee, who shall be designated treasurer; and

(iii) If the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate.

(c) Change of information in statements. Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.

(d) This section shall stand repealed from and after July 1, 1997.

SECTION 5. Section 23-15-805, Mississippi Code of 1972, is amended as follows:

23-15-805. (a) Candidates for state, state district, and legislative district offices, and every committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office, shall file all reports required under this article with the office of the Secretary of State.

(b) Candidates for county or county district office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, shall file all reports required by this section in the office of the circuit clerk of the county in which the election occurs. The circuit clerk shall forward copies of all reports to the office of the Secretary of State.

(c) Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs. The municipal clerk shall forward copies of all reports to the office of the Secretary of State.

(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this section available for public inspection and copying and shall preserve such reports for a period of five (5) years.

(e) This section shall stand repealed from and after July 1, 1997.

SECTION 6. Section 23-15-807, Mississippi Code of 1972, is amended as follows:

23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. Any candidate or political committee required to report may terminate its obligation to report only upon submitting a final report that it will no longer receive any contributions or make any disbursement and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign each such report.

(b) Candidates who are seeking election, or nomination for election, and political committees that make expenditures for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates or balloted measures at such election, shall file the following reports:

(i) In any calendar year during which there is a regularly scheduled election, a preelection report, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;

(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and

(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year.

(c) Contents of reports. Each report under this article shall disclose:

(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee required to be identified pursuant to item (ii) of this paragraph. Such reports shall be cumulative during the calendar year to which they relate;

(ii) The identification of:

1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) when made to a political committee or to a candidate for an office other than statewide office or office elected by Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when made to a candidate for statewide office or office elected by Supreme Court district, together with the date and amount of any such contribution;

2. Each person or organization who receives an expenditure or expenditures from the reporting candidate or political committee during the reporting period when the expenditure or expenditures to such person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) when received from a political committee or candidate for an office other than statewide office or office elected by Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when received from a candidate for statewide office or office elected by Supreme Court district, together with the date and amount of such expenditure.

(d) Notwithstanding any provision of this section to the contrary, a political committee that receives more than fifty percent (50%) of its contributions from persons or political committees domiciled outside of the State of Mississippi shall not be required to identify contributors who are domiciled outside of the State of Mississippi.

(e) This section shall stand repealed from and after July 1, 1997.

SECTION 7. Section 23-15-809, Mississippi Code of 1972, is amended as follows:

23-15-809. (a) Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section 23-15-807. Such statement shall be filed with the appropriate offices as provided for in Section 23-15-805, and such person shall be considered a political committee for the purpose of determining place of filing.

(b) Statements required to be filed by this section shall include:

(i) Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;

(ii) Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and

(iii) The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.

(c) This section shall stand repealed from and after July 1, 1997.

SECTION 8. Section 23-15-811, Mississippi Code of 1972, is amended as follows:

23-15-811. (a) Any candidate or any other person who shall wilfully and deliberately violate the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00).

(b) In addition to the penalties provided in paragraph (a) of this section, any candidate or political committee which is required to file a statement or report, which fails to file such statement or report on the date in which it is due may be compelled to file such statement or report by an action in the nature of a mandamus.

(c) No candidate shall be certified as nominated for election or as elected to office unless and until he files all reports required by this article due as of the date of certification.

(d) No candidate who is elected to office shall receive any salary or other remuneration for the office unless and until he files all reports required by this article due as of the date such salary or remuneration is payable.

(e) In the event that a candidate fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported by him as of the date on which the sanctions of paragraphs (c) and (d) of this section would be applied to him, such candidate shall not be subject to the sanctions of said paragraphs (c) and (d).

(f) This section shall stand repealed from and after July 1, 1997.

SECTION 9. Section 23-15-813, Mississippi Code of 1972, is amended as follows:

23-15-813. (a) For hearings held pursuant to this article, the State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court.

(b) The Secretary of State may seek a court order requiring a political committee to file such statement or report or a civil penalty may be imposed by a hearing officer as provided in this article, or both.

(c) Upon discovering there is probable cause to believe that a political committee required to file has not filed a statement or report complying with applicable provisions of this article within the time specified in this article, the Secretary of State shall obtain from the hearing officer an order setting the time and place of the hearing and shall, by certified mail, send the political committee notice of the maximum amount of the civil penalty that may be imposed and a copy of the order.

(d) A hearing on whether or not to impose a civil penalty and to consider circumstances in mitigation shall be held on the time and at the place specified in the order.

(e) The political committee against whom a penalty may be assessed need not appear at a hearing held under this article, but instead may, prior to the date set for the hearing, submit written testimony and other evidence, subject to the penalty for false swearing, for entry in the hearing record.

(f) Upon the finding of the hearing officer that a political committee has failed to file any statement or report required by this article, he shall impose a penalty not to exceed an amount equal to One Hundred Dollars ($100.00) or ten percent (10%) of the total contributions or total expenditures required to be reported in the statement or report, whichever is greater, for each violation. The hearing officer may also assess the actual costs of the hearing against the political committee.

(g) After the hearing, the hearing officer shall issue his order, which may be appealed to the circuit court of the county in which the political committee is domiciled, or to the Circuit Court of the First Judicial District of Hinds County in the same manner as provided by law for appeals originating from county courts.

(h) The hearing officer may file the order assessing the penalty, or a certified copy of the order, with the clerk of any circuit court in the state after:

(i) Expiration of the time in which an appeal may be taken; or

(ii) Final determination of the matter on appeal.

(i) The order assessing the penalty shall be enrolled in the judgment roll and may be enforced in the same manner as a judgment.

(j) This section shall stand repealed from and after July 1, 1997.

SECTION 10. Section 23-15-815, Mississippi Code of 1972, is amended as follows:

23-15-815.  (a) The Secretary of State shall prescribe and make available forms and promulgate rules and regulations necessary to implement this article.

(b) The Secretary of State, circuit clerks and municipal clerks shall, within forty-eight (48) hours after the time of the receipt by the appropriate office of reports and statements filed with it, make them available for public inspection, and copying at the expense of the person requesting such copying, and keep such designations, reports and statements for a period of three (3) years from the date of receipt.

(c) This section shall stand repealed from and after July 1, 2000.

SECTION 11. Section 97-13-15, Mississippi Code of 1972, is amended as follows:

97-13-15. It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties shall be an annual limitation applicable to each calendar year.

This section shall stand repealed from and after July 1, 1997.

SECTION 12. Section 97-13-17, Mississippi Code of 1972, is amended as follows:

97-13-17. Any corporation, incorporated company or incorporated association, or agent, officer or employee violating any of the provisions of Section 97-13-15 shall, upon conviction, be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).

This section shall stand repealed from and after July 1, 1997.

SECTION 13. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.