MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Elections

By: Senator(s) England

Senate Bill 2651

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, TO AMEND DEFINITIONS RELATED TO THE CHAPTER OF CAMPAIGN FINANCE LAWS; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A CANDIDATE OR POLITICAL COMMITTEE MUST FILE A STATEMENT OF ORGANIZATION BEFORE ACCEPTING ANY CONTRIBUTIONS; TO PROVIDE THE REQUIRED CONTENT OF THE STATEMENT OF ORGANIZATION; TO PROVIDE THAT THE SECRETARY OF STATE SHALL IMPOSE ADMINISTRATIVE PENALTIES AGAINST CANDIDATES AND POLITICAL COMMITTEES FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER; TO PROVIDE PENALTIES FOR FAILING TO COMPLY WITH THIS CHAPTER; TO PROVIDE THAT THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY WITH PROPER JURISDICTION SHALL PURSUE JUDICIAL ENFORCEMENT AT THE REQUEST OF THE SECRETARY OF STATE; TO AMEND SECTIONS 23-15-811 AND 23-15-813, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-815, MISSISSIPPI CODE OF 1972, TO PROVIDE THE SECRETARY OF STATE WITH THE DUTY AND POWER TO OVERSEE THE FORMS AND PROCESSES DESCRIBED HEREIN; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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.  For purposes of this * * * article chapter, an individual shall be deemed to seek nomination for election, or election:

          (i) * * *  If the 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 for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23‑15‑299 and 23‑15‑977, whichever occurs first If he or she files a statement of organization with the Secretary of State seeking to become a candidate for the Legislature or any statewide or state district office, files a statement of organization with the county circuit clerk if seeking county or county district office, or with the municipal clerk if seeking municipal or municipal district office; or

          (ii) * * *  If the individual has given his or her consent to another person to receive contributions or make expenditures on behalf of the individual and if the other person has received contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year. If he or she officially qualifies for office by filing the appropriate paperwork by the qualifying deadlines specified in Sections 23-15-299, 23-15-309, 23-15-359, 23-15-361 and 23-15-977, whichever occurs first; and

(iii)  No individual, or agent of the individual, as described in paragraph (i) or (ii) of this subsection may accept contributions or make expenditures until he or she has filed a statement of organization to seek office with the appropriate office.

     (c)  "Candidate committee" means a committee established by a candidate for the purpose of receiving contributions and making expenditures to obtain elected office.

     ( * * *cd)  "Political committee" means any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations that receives contributions * * * aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or that 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.  Political committee shall, in addition, include each political party registered with the Secretary of State.

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

     ( * * *ef)  (i)  "Contribution" shall include any corporate contribution, coordinated expenditure, gift, subscription, loan, advance or deposit of money or anything of value made by any person, corporation or political committee 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;

          (iii)  "Contribution to a political party" includes any corporate contribution, coordinated expenditure, gift, subscription, loan, advance or deposit of money or anything of value made by any person, corporation, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party.  Political parties shall establish a separate campaign fund for the purpose of supporting or opposing candidates or ballot measures, and any such funds collected for this purpose shall be deposited into such fund.  Such fund shall be used to accept contributions and make expenditures for this purpose, and all such funds shall be kept separate and accounted for apart from any other funds of the political party; or

          (iv)  "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.  Political parties may establish other funds for the purpose of, but not limited to, the general operation of the party or building funds or any other fund the party deems necessary apart from supporting or opposing candidates or ballot measures, and such funds shall not be considered campaign funds for the purpose of this chapter and therefore corporate contribution limits shall not apply so long as the funds are accounted for separately.  Any other funds established by a political party shall not be utilized to support or oppose candidates or ballot measures.  Contributions to a political party shall not be applied to any other fund of the party if the funds are not used for efforts to support or oppose candidates or ballot measures.

     (g)  "Corporate contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any corporation, incorporated company or incorporated association, or any servant, agent, employee or officer thereof, using any money, security, funds or property of said corporation, incorporated company or incorporated association 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 to any committee or person as a contribution to the expense of any political party or candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting on behalf of such candidate.  Corporate contribution funds are limited to the election or defeat of candidates. 

     (h)  "Corporation" shall include any incorporated company, incorporated association, by whatever name it may be known, incorporated or organized under the laws of any state or country or any agent, employee or officer thereof.  Corporation shall not include sole proprietorship or limited liability corporations.

     ( * * *fi)  (i)  "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person, corporation or political committee 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;

          (iii)  "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.

     ( * * *gj)  The term "identification" shall mean:

          (i)  In the case of any individual, the name, the mailing address, and the occupation of such 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.

     ( * * *hk)  The term "political party" shall mean 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.

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

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

(n)  The term "coordinated expenditure" shall mean a disbursement or an action to cause a disbursement that:

(i)  Promotes the success or defeat of a candidate or a political party at an election; and

(ii)  Is made in cooperation, consultation, understanding, agreement or concert with, or at the request or suggestion of, the candidate, member of the candidate's committee or political party that is the beneficiary of the disbursement.

     ( * * *ko)  The term "clearly identified" shall mean that:

          (i)  The name or nickname 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.

     SECTION 2.  Section 23-15-803, Mississippi Code of 1972, is amended as follows:

     23-15-803.  (1)  Each candidate or political committee shall file a statement of organization which must be received by the Secretary of State * * * no later than forty‑eight (48) hours after prior to the candidate or political committee receiving contributions or making expenditures.  All candidates will be required to establish a candidate committee and will report all contributions and expenditures made seeking elective office through the candidate committee.  A candidate may be the sole member and treasurer of a candidate committee:

          (a) * * *  Receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or Political committees which support or oppose statewide, state district or legislative candidates and statewide ballot measures shall file with the Secretary of State;

          (b) * * *  Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00). Political committees which support or oppose county or county district candidates or county ballot measures shall file with the county circuit clerk; or

(c)  Political committees which support or oppose municipal or municipal district candidates or municipal ballot measures shall file with the municipal clerk.

     (2)  The content of the statement of organization of a candidate committee shall include:

(a)  The name, address, officers and members of the committee;

(b)  An electronic mail (email) address unique to the candidate committee;

(c)  The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer;

(d)  The name, address, office sought and party affiliation, if any, of the candidate; and

(e)  The name of the financial institution(s) the candidate committee will have campaign funds located.

(3)  The content of the statement of organization of a political committee shall include:

          (a)  The name, address, officers, and members of the committee;

          (b)  An electronic mail (email) address unique to the political committee;

          ( * * *bc)  The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer.  If the chair or the treasurer of the organization is not a Mississippi resident, the political committee shall designate an individual located in Mississippi capable of receiving service of process for the entity; * * * and

          ( * * *cd) * * *  If the committee is authorized by a candidate, then the name, address, office sought and party affiliation of the candidate. The election cycles, as set forth in Section 23-15-807, in which the political committee will be making expenditures.  A political committee may amend its statement of organization to add or remove election cycles in which it will be making expenditures.  If a political committee contributes to a candidate or makes an expenditure in a cycle for a schedule the political committee has not included on its statement of organization, that political committee must file all remaining reports of said schedule.  A political committee shall file all periodic reports required for the election cycle(s) that it has designated on its statement of organization.

(i)  The political committee shall notify the Secretary of State, or other relevant authority, by January 31 of each year indicating any changes to the reporting schedule included on its statement of organization.  Any political committee that fails to notify the Secretary of State, or other relevant authority, of any changes to the election cycles it will be making expenditures under subsection (4)(d) of this section.  If the political committee opts out for the year and will not file any periodic reports, an annual report is still due January 31.

(ii)  If the political committee decides at any point during the calendar year to support or oppose a candidate for election, the political committee may opt in to filing that particular reporting schedule by filing an amended statement of organization with the appropriate office and must continue filing all required reports until the end of the year.

(e)  The name of the financial institution(s) the political committee will have campaign funds located.

     ( * * *34)  Any change in information previously submitted in a statement of organization shall be reported * * * and noted on the next regularly scheduled report within thirty (30) days of the change occurring or on an amended statement of organization.

     ( * * *45)  In addition to any other penalties provided by law, the * * * Mississippi Ethics Commission may Secretary of State shall impose administrative penalties against any candidate committee or political committee that fails to comply with the requirements of this section in * * * an amount not to exceed Five Thousand Dollars ($5,000.00) per violation. the following amounts:

(a)  For the first offense within a five-year period, One Thousand Dollars ($1,000.00);

(b)  For the second violation within a five-year period, Two Thousand Five Hundred Dollars ($2,500.00); or

(c)  For the third violation and any subsequent violations within a five-year period, Five Thousand Dollars ($5,000.00).

     The notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this subsection ( * * *45).  The Secretary of State shall have five (5) days from the ninety (90) day fine delinquency deadline to then provide notice to the Attorney General or district attorney with appropriate jurisdiction for consideration.  The * * * Mississippi Ethics Commission may Attorney General's Office or district attorney with appropriate jurisdiction shall pursue judicial enforcement of any penalties issued pursuant to this section at the request of the Mississippi Secretary of State.  Within thirty (30) days of receipt of an alleged violation of campaign finance law from the Secretary of State's Office, the Attorney General shall inform the Secretary of State of whether the Attorney General's Office believes a violation has occurred, and if not, why.  If the Attorney General does not provide the Secretary of State with the above-required information within thirty (30) days or if the Secretary of State disagrees with the assessment of the Attorney General's Office, the Secretary of State may refer the matter to the district attorney of the district in which either the candidate or the treasurer of the political committee that is the subject of the alleged violations resides.

(6)  Electronic mail (email) addresses, phone numbers and financial institution information are not public records and, therefore, are not subject to disclosure under any request for information.

     SECTION 3.  Section 23-15-811, Mississippi Code of 1972, is amended as follows:

     23-15-811.  (a)  Any candidate, authorized representative of a candidate committee or any other person who willfully violates the provisions and prohibitions of this * * * article chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in a sum not to exceed * * * Three Thousand Dollars ($3,000.00) Five Thousand Dollars ($5,000.00) or imprisoned for not longer than * * * six (6) months one (1) year, or by both fine and imprisonment.

     (b)  In addition to the penalties provided in subsection (a) of this section and Chapter 13, Title 97, Mississippi Code of 1972, any candidate committee or political committee which is required to file a statement or report and fails to file the statement or report on the date it is due may be compelled to file the statement or report by an action in the nature of a mandamus brought by the * * * Mississippi Ethics Commission. Mississippi Attorney General's Office at the request of the Secretary of State's Office.  Within thirty (30) days of a request for a mandamus from the Secretary of State's Office, the Attorney General shall inform the Secretary of State whether the Attorney General's Office will pursue a mandamus action, and if not, why.  If the Attorney General does not provide the Secretary of State with the above-required information within thirty (30) days or if the Secretary of State disagrees with the assessment of the Attorney General's Office, the Secretary of State may refer the matter to the district attorney of the district in which either the candidate or the treasurer of the political committee that is the subject of the requested mandamus action.

     (c)  No candidate shall be certified as nominated for election or as elected to office until * * * he or she his or her candidate committee files all reports required by this * * * article chapter that are due as of the date of certification.

     (d)  No person shall be qualified to appear on the ballot if, by the time the candidate is approved to appear on the ballot for the office sought, * * * he or she his or her candidate committee has failed to file all reports required to be filed within the last five (5) years.

     (e)  No candidate who is elected to office shall receive any salary or other remuneration for the office until * * * he or she his or her candidate committee files all reports required by this * * * article chapter that are due as of the date the salary or remuneration is payable.

     (f)  In the event that a candidate committee fails to timely file any report required pursuant to this * * * article chapter but subsequently files a report or reports containing all of the information required to be reported and pays and assesses fines, the candidate shall not be subject to the sanctions of subsections (c) and (d) of this section.

     SECTION 4.  Section 23-15-813, Mississippi Code of 1972, is amended as follows:

     23-15-813.  (a)  In addition to any other penalty permitted by law, the * * * Mississippi Ethics Commission Secretary of State shall require any candidate committee or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report that fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:

          (i)  Within * * * five (5) two (2) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, except Section 23-15-807(b)(i) or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those * * * candidates candidate committees and political committees who have failed to file a report. * * *  The list shall be provided to the Mississippi Ethics Commission.  The Secretary of State shall provide each candidate committee or political committee, who has failed to file a report, notice of the failure by electronic mail, and if electronic mail is not available, by first-class mail.

          (ii)  Beginning with the * * * tenth fifth calendar day after which any periodic or annual report is due, the Mississippi * * * Ethics Commission Secretary of State shall assess the delinquent candidate committee and political committee a civil penalty * * * of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. * * *  In the discretion of the Mississippi Ethics Commission, the assessing of the fine may be waived, in whole or in part, if the Commission determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with the timely filing of a report.  Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty. If the fifth calendar day falls on a weekend or holiday, fine assessment shall begin the next business day.  The Secretary of State shall accept reports on weekends and holidays if filed electronically with a timestamp.

1.  Candidate committees for statewide office shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.

2.  Candidate committees for state district office shall be assessed a civil penalty of Five Hundred Dollars ($500.00) for each day.

3.  Candidate committees for legislative office shall be assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) for each day.

4.  Political committees shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.

     (b)  (i)  Within two (2) calendar days after any deadline for filing a pre-election report pursuant to Section 23-15-807(b)(i), the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report.  The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by electronic mail, if electronic mail is not available, by first-class mail.

(ii)  Beginning with the third calendar day after which any pre-election report is due, the Mississippi Secretary of State shall assess the delinquent candidate committee and political committee a civil penalty for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days.  The Secretary of State shall accept reports on weekends and holidays if filed electronically with a timestamp.

1.  Candidate committees for statewide office shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.

2.  Candidate committees for state district office shall be assessed a civil penalty of Five Hundred Dollars ($500.00) for each day.

3.  Candidate committees for legislative office shall be assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) for each day.

4.  Political committees shall be assessed a civil penalty of One Thousand Dollars ($1,000.00) for each day.

5.  If any candidate who is required to file a report to the Secretary of State has not filed a pre-election report by 5:00 p.m., the Secretary of State shall compile a list of those candidates and disseminate it to the members of the Mississippi Press Association.

     ( * * *iiic)  Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.

     ( * * *ivd)  Payment of the fine without filing the required report does not excuse or exempt any person from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.

     ( * * *ve)  If any candidate committee or political committee is assessed a civil penalty, and the penalty is not subsequently * * * waived by the Mississippi Ethics Commission appealed, the candidate committee or political committee shall pay the fine to the * * * Commission Secretary of State within * * * ninety (90) sixty (60) days of the date of the assessment of the fine.  The fine shall be deposited into the Election Support Fund.  If, after * * * one hundred twenty (120) ninety (90) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the * * * Commission Secretary of State, the * * * Commission Secretary of State shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.  The Secretary of State shall have five (5) days from the ninety (90) day fine delinquency deadline to then provide notice to the Attorney General or district attorney with appropriate jurisdiction for consideration.  Within thirty (30) days of receipt of notice of the delinquency, the Attorney General shall inform the Secretary of State of whether the Attorney General's Office will compel payment of the civil penalty, and if not, why.  If the Attorney General does not provide the Secretary of State with the above-required information within thirty (30) days or if the Secretary of State disagrees with the assessment of the Attorney General's Office, the Secretary of State may refer the matter to the district attorney of the district in which either the candidate or the treasurer of the political committee that is the subject of the delinquency.

 * * * (b)  (i)  Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to subsection (a) of this section, the Secretary of State shall forward the application to the State Board of Election Commissioners.  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, to conduct hearings held pursuant to this article.  The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date.  The notice may be served by mailing a copy of the notice by certified mail, postage prepaid, to the last‑known business address of the candidate or political committee.

  (ii)  The hearing officer may issue subpoenas for the attendance of witnesses and the production of documents at the hearing.  Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.

  (iii)  The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his or her behalf, to cross‑examine witnesses and to have subpoenas issued by the hearing officer.

  (iv)  At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing.  All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence, but the determination shall be based upon sufficient evidence to sustain it.  The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.

  (v)  In any proceeding before the hearing officer, if any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any documents called for by a subpoena, the attendance of the witness, the giving of his or her testimony or the production of the documents shall be enforced by a court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

  (vi)  Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last‑known business address of the candidate or political committee by way of United States first‑class, certified mail, postage prepaid.

     ( * * *cf)  (i) * * *  The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. In the event the candidate committee or political committee appeals, the appeal shall be * * * to filed in the Circuit Court of Hinds, Madison or Rankin County * * * and shall include a verbatim transcript of the testimony at the hearing.  The appeal shall be taken within thirty (30) calendar days after notice of the * * * decision of the commission following an administrative hearing fine by the Secretary of State.  The appeal shall be perfected upon filing notice of the appeal and the prepayment of all costs, * * * including the cost of preparing the record of the proceedings by the hearing officer, and filing a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the * * * hearing officer Secretary of State is affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. * * *  If the decision is reversed by the court, the Mississippi Ethics Commission will pay the costs of the appeal and the action in court.

          (ii)  If there is an appeal, the appeal shall act as a supersedeas.  The court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may be tried in vacation, in the court's discretion. * * *  The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant.  The decision of the court may be appealed to the Supreme Court in the manner provided by law.

 * * * (d)  If, after forty‑five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (b), the candidate or political committee identified in subsection (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency.  The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.

     ( * * *eg)  If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate committee or political committee identified in subsection (a) or (b) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall prosecute the delinquent candidates and political committees.

     SECTION 5.  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. (1)  It shall be the duty and power of the Secretary of State:

(a)  To prescribe forms of statements and other information required to be filed by this chapter, to furnish such forms to the county circuit clerks and municipal clerks and individuals, or others required to file such statements and information, and to prepare and publish on the Secretary of State's website a manual setting forth the provisions of this chapter;

(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 five (5) years from the date of receipt;

(c)  To accept and file any information voluntarily supplied that exceeds the requirements of this chapter, subject to redaction of nonpublic information;

(d)  To publish an annual report detailing the year's campaign finance activity, including, but not limited to, the number of reports filed, fines assessed, fines collected, and a summary of any issues reported and investigated; and

(e)  The Secretary of State shall inspect or cause to be inspected each statement of organization or report filed with the Secretary of State under this chapter within ten (10) days after the date it is filed.  The Secretary of State shall notify, no more than ten (10) days and at least five (5) days before each report is due, each candidate or treasurer whose statement of organization has been filed, of the specific date each report is due.  He or she shall immediately notify any individual, candidate, treasurer, political committee, referendum committee or other entity that may be required to file a statement under this chapter if:

(i)  It appears that the individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement or report as required by law or that a statement or report filed does not conform to this chapter; or

(ii)  A written complaint is filed under oath with the Secretary of State by any registered candidate or authorized representative of a candidate or political party of this state alleging that a statement or report filed with the Secretary of State does not conform to this chapter or to the truth, or that an individual, candidate, treasurer, political committee, referendum committee or other entity has failed to file a statement required by this chapter.  The entity that is the subject of the complaint will be given an opportunity to respond to the complaint within five (5) business days before any action is taken requiring compliance.

(f)  The Secretary of State shall promulgate rules and regulations to effectuate a written complaint and response process as outlined in paragraph (e) of this subsection.

(2)  To make investigations to the extent the Secretary of State deems necessary with respect to statements and reports filed under the provisions of this chapter and with respect to alleged failures to file any statement or reports required under the provisions of this chapter and, upon complaint, signed and sworn under oath or affirmation, by any registered candidate or authorized representative of a candidate or political party, with respect to alleged violations of any part of this chapter.  The Secretary of State may also make investigations into the failure to report by any candidate committee or political committee that is required to file with the Secretary of State and has not done so by the end of the fine period set forth in Section 23-15-807.  All investigations shall be confidential, and no investigation shall be initiated more than four (4) years from the earliest of the following dates:

(a)  The facts constituting the violation are known to the Secretary of State;

(b)  The facts constituting the violation can be determined from the public record; or

(c)  The complainant knew or should have known of the conduct upon which the complaint is based.

(3)  In conducting an investigation, the Secretary of State may:

(a)  (i)  Conduct investigations within or outside of this state which the Secretary of State considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted, or order issued under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter; or

(ii)  Require or permit a person to testify, file a statement or produce a record, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; or

(iii)  Administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Secretary of State considers relevant or material to the investigation.

(b)  Apply to the Circuit Court of Hinds County, Madison County and Rankin County, or a court of another state to enforce compliance if a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Secretary of State under this chapter.  The court may:

(i)  Hold the person in contempt;

(ii)  Order the person to appear before the administrator;

(iii)  Order the person to testify about the matter under investigation or in question;

(iv)  Order the production of records;

(v)  Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; and

(vi)  Grant any other necessary or appropriate relief.

(4)  To request and receive confidential recommendations from the Attorney General's Office regarding the appropriateness of a criminal referral of campaign finance violations.  In the event the referral of campaign finance violations may be regarding the Attorney General or their opponent, the Secretary of State may request and receive confidential recommendations from the proper district attorney.

(5)  After investigation and receipt of the confidential recommendations from the Attorney General regarding the appropriateness of a criminal referral for campaign finance violations, to report apparent violations by candidates, political committees, referendum committees, individuals or persons to the proper district attorney or the Attorney General's Office.

(6)  To prescribe and furnish forms of reports and other material to the county circuit clerk for distribution to candidates and committees required to be filed with the county.

(7)  To prescribe and furnish forms of reports and other material to the municipal clerk for distribution to candidates and committees required to be filed with the municipality.

(8)  To instruct the county and municipal election officials as to their respective duties and responsibilities relative to the administration of this chapter.

(9)  To establish a process for determination as to whether communication is a contribution, expenditure or independent expenditure prior to the airing or distribution of that communication when so requested to an individual or person producing a communication.

(10)  To publish guidelines for filing of the required statements and reports.

(11)  When the Secretary of State is a candidate for office, the Mississippi Ethics Commission shall have the same duties and protections under subsections (2) through (5) of this section in regard to all candidates seeking the same office as the Secretary of State.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.

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