MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Elections
By: Senator(s) Burton, Ross, Chaney, Clarke, Davis, Flowers, Hyde-Smith, Jackson (15th), King, Kirby, Lee (35th), Little, Nunnelee, Pickering, White
AN ACT TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2007, CANDIDATES FOR STATE AND STATE DISTRICT OFFICE AND THEIR AUTHORIZED COMMITTEES OR AGENTS THAT RECEIVE CONTRIBUTIONS OR MAKE EXPENDITURES IN EXCESS OF $500,000.00 IN ANY CALENDAR YEAR, SHALL FILE CAMPAIGN FINANCE REPORTS BY ELECTRONIC FORMAT; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CAMPAIGN FINANCE REPORTS SHALL INCLUDE CERTAIN INFORMATION REGARDING LOANS OR OTHER EXTENSIONS OF CREDIT MADE TO A CANDIDATE FOR USE IN SUCH CANDIDATE'S CAMPAIGN; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A CANDIDATE IS CHARGED WITH A CRIMINAL VIOLATION OF THE CAMPAIGN FINANCE LAW, THE VIOLATION SHALL BE DEEMED TO HAVE BEEN COMMITTED IN THE COUNTY IN WHICH THE CANDIDATE'S CAMPAIGN FINANCE REPORT WAS PREPARED OR THE COUNTY OF RESIDENCE OF THE DEFENDANT AND VENUE FOR ANY CRIMINAL ACTION BASED ON SUCH VIOLATION SHALL BE ONLY IN THAT COUNTY; TO PROVIDE THAT NO CRIMINAL ACTION UNDER THE CAMPAIGN FINANCE LAW MAY BE BROUGHT UNLESS FIRST AUTHORIZED BY THE STATE BOARD OF ELECTION COMMISSIONERS; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT HEARINGS HELD BY HEARING OFFICERS REGARDING IMPOSITION OF CIVIL FINES UPON CANDIDATES UNDER THE CAMPAIGN FINANCE LAW SHALL BE HELD IN THE COUNTY OF RESIDENCE OF THE CANDIDATE; TO PROVIDE THAT AN APPEAL FROM THE DECISION OF THE HEARING OFFICER BY A CANDIDATE SHALL BE TO THE CIRCUIT COURT OF THE COUNTY OF RESIDENCE OF THE CANDIDATE; TO AMEND SECTION 97-13-15, MISSISSIPPI CODE OF 1972, TO INCREASE TO $2,000.00 THE AMOUNT THAT CORPORATIONS, INCORPORATED COMPANIES OR INCORPORATED ASSOCIATIONS MAY ANNUALLY DONATE 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 TO INCLUDE LABOR UNIONS WITHIN SUCH CONTRIBUTION LIMIT; TO AMEND SECTION 83-15-805, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 23-15-1023, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT JUDICIAL CANDIDATES SHALL DISCLOSE CERTAIN INFORMATION ABOUT CERTAIN LOANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (1) Candidates for state, state district, and legislative district offices, and every political committee, which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure, shall file all reports required under this article with the Office of the Secretary of State.
(2) (a) From and after January 1, 2007, when aggregate contributions or aggregate disbursements for a calendar year reach in excess of Five Hundred Thousand Dollars ($500,000.00), a candidate for state or state district office or his or her authorized committee or agent shall file all subsequent reports required by this article by electronic format.
(b) The Office of the Secretary of State shall adopt rules and regulations designating the format and software to be used in filing reports by electronic format under this subsection. All candidates and committees required to file reports by electronic format under this subsection shall follow the format and use the software prescribed by the Office of the Secretary of State.
(3) 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 or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, 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.
(4) 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, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure 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.
(5) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve such reports for a period of five (5) years.
* * *
SECTION 2. Section 23-15-807, Mississippi Code of 1972, is amended as follows:
23-15-807. (1) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees 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.
(2) 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:
(a) 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;
(b) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and
(c) 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.
(3) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file in the year in which they are to be elected, periodic reports which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.
(4) Contents of reports. Each report under this article shall disclose:
(a) 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 which shall include those required to be identified pursuant to item (ii) of this paragraph as well as the total of all other contributions and expenditures during the calendar year. Such reports shall be cumulative during the calendar year to which they relate;
(b) The identification of:
(i) 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) together with the date and amount of any such contribution;
(ii) Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to such person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of such expenditure;
(c) The total amount of cash on hand of each reporting candidate and reporting political committee;
(d) In addition to the contents of reports specified in paragraphs (a), (b) and (c) of this subsection (4), each political party shall disclose:
(i) Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
(ii) Each person or organization who receives an expenditure by a political party or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure.
(5) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m. on the dates specified in subsection (2) of this section. If the date specified in subsection (2) of this section shall fall on a weekend or legal holiday then the report shall be due in the appropriate office at 5:00 p.m. on the first working day before the date specified in subsection (2) of this section. The reporting candidate or reporting political committee shall ensure that the reports are delivered to the appropriate office by the filing deadline. The Secretary of State may approve specific means of electronic transmission of completed campaign finance disclosure reports, which may include, but not be limited to, transmission by electronic facsimile (FAX) devices.
(6) (a) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:
(i) The name of the receiving candidate;
(ii) The name of the receiving candidate's political committee, if any;
(iii) The office sought by the candidate;
(iv) The identification of the contributor;
(v) The date of receipt;
(vi) The amount of the contribution;
(vii) If the contribution is in-kind, a description of the in-kind contribution; and
(viii) The signature of the candidate or the treasurer or director of the candidate's political committee.
(b) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
(7) (a) In addition to the information required to be disclosed in subsection (4) of this section, candidates shall disclose:
(i) The identity of any individual or entity from which the candidate receives a loan or other extension of credit for use in his campaign or in furtherance of any campaign activities;
(ii) The identity of any individual or entity which assumes, in whole or in part, such loan or other extension of credit;
(iii) The identity of any individual or entity to which such loan or other extension of credit has been assigned or otherwise transferred, in whole or in part, by contract, purchase, operation of law or otherwise;
(iv) The identity of all creditors, cosigners, guarantors, assignees or other parties to such loan, extension of credit, assumption, assignment or related transaction;
(v) How such loan or other extension of credit was utilized; and
(vi) All details concerning repayment of the loan or extension of credit, including, but not limited to, the time of the repayments, the method of repayments, the amount of repayments and sources of repayments and the identity of the individuals involved in the repayment.
(b) Candidates shall also file certified copies of all documents related to the loans, extensions of credit, assumptions, assignments or transactions required to be reported or identified by this subsection.
SECTION 3. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (1) Any candidate or any other person who shall willfully and deliberately and substantially 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) or imprisoned for not longer than six (6) months or by both fine and imprisonment.
(2) In addition to the penalties provided in subsection (1) 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.
(3) 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.
(4) 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.
(5) 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 subsections (3) and (4) of this section would be applied to him, such candidate shall not be subject to the sanctions of subsections (3) and (4) of this section.
(6) If a candidate is charged with a violation of this section, the violation shall be deemed to have been committed in the county of residence of the candidate, and venue for any criminal action brought under this section shall be only in that county.
(7) No criminal action may be brought under this section unless the action is first authorized by the State Board of Election Commissioners.
SECTION 4. Section 23-15-813, Mississippi Code of 1972, is amended as follows:
23-15-813. (1) In addition to any other penalty permitted by law, the Secretary of State shall require any candidate or political committee, as identified in Section 23-15-805(1), 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 which 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:
(a) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, 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 first-class mail.
(b) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent candidate 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. However, in the discretion of the Secretary of State, the assessing of the fine may be waived in whole or in part if the Secretary of State determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with 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.
(c) 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.
(d) Payment of the fine without filing the required report does not in any way excuse or exempt any person required to file from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
(e) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Secretary of State, the candidate or political committee shall pay the fine to the Secretary of State within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Secretary of State, the 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.
(2) (a) 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 (1) 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, and who shall 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. If the application is made by a candidate, the place of the hearing shall be located in the county of residence of the candidate. The notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known business address of the candidate or political committee.
(b) The hearing officer may issue subpoenas for the attendance of witnesses and the production of books and papers 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.
(c) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.
(d) 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 in the conduct of the proceedings, 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.
(e) Where, in any proceeding before the hearing officer, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of the witness, the giving of his testimony or the production of the books and papers shall be enforced by any 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.
(f) 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.
(3) (a) 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. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing; however, if the appeal is being made by a candidate, the appeal shall be to the circuit court of the county of residence of the candidate. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the * * * hearing officer. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the hearing officer, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer be affirmed by the court, the candidate or political committee shall pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State shall pay the costs of the appeal and the action in court.
(b) 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:
(i) Not supported by substantial evidence;
(ii) Arbitrary or capricious;
(iii) Beyond the power of the hearing officer to make; or
(iv) 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.
(4) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (2) of this section, the candidate or political committee identified in subsection (1) 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.
(5) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in subsection (1) 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 thereupon prosecute the delinquent candidates and political committees.
SECTION 5. Section 97-13-15, Mississippi Code of 1972, is amended as follows:
97-13-15. It shall be unlawful for any corporation, incorporated company, incorporated association or labor union, 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 such a corporation, incorporated company, incorporated association or labor union in excess of Two Thousand Dollars ($2,000.00) per calendar year 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 such a corporation, incorporated company, association or labor union in excess of Two Thousand Dollars ($2,000.00) 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 Two Thousand Dollars ($2,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year and shall not apply to contributions made by political committees.
SECTION 6. Section 23-15-817, Mississippi Code of 1972, is amended as follows:
23-15-817. The Secretary of State shall compile a list of all candidates for the Legislature or any statewide office who fail to file a campaign disclosure report by the dates specified in Section 23-15-807(2); the list shall be disseminated to the members of the Mississippi Press Association within two (2) working days after such reports are due and made available to the public.
SECTION 7. Section 23-15-1023, Mississippi Code of 1972, which provides that judicial candidates shall disclose information about certain loans, is repealed.
SECTION 8. 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 9. 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.