MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Apportionment and Elections
By: Representative Reynolds, Miles, Smith (27th), Calhoun, Mayo, Montgomery, Peranich, Brown, Whittington, Moss, Cummings, Lane, Bailey
AN ACT TO CREATE NEW SECTION 23-15-802, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTRIBUTIONS TO NAMED CANDIDATE MADE TO A POLITICAL COMMITTEE AUTHORIZED BY THE CANDIDATE TO ACCEPT CONTRIBUTIONS SHALL BE CONSIDERED CONTRIBUTIONS TO THE CANDIDATE; TO PROVIDE THAT EXPENDITURES MADE BY ANY PERSON IN CONCERT WITH A CANDIDATE SHALL BE CONSIDERED TO BE A CONTRIBUTION MADE TO THE CANDIDATE; TO PROVIDE THAT THE FINANCE OF THE DISSEMINATION OF CAMPAIGN MATERIALS SHALL BE CONSIDERED TO BE AN EXPENDITURE FOR, AND A CONTRIBUTION TO THE CANDIDATE; TO PROVIDE THAT DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS THAT ARE COORDINATED WITH A CANDIDATE SHALL BE CONSIDERED A CONTRIBUTION TO THE CANDIDATE; TO CREATE NEW SECTION 23-15-808, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS WHO MAKE DISBURSEMENT FOR THE DIRECT COST OF PRODUCING AND AIRING ELECTIONEERING COMMUNICATIONS IN AN AGGREGATE AMOUNT IN EXCESS OF $1,000.00 SHALL FILE A STATEMENT REGARDING SUCH DISBURSEMENT WITHIN 48 HOURS OF THE DISCLOSURE DATE AND TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE STATEMENT; TO AMEND SECTIONS 23-15-801, 23-15-805, 23-15-807, 23-15-809, 23-15-811 AND 23-15-813, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "ELECTIONEERING COMMUNICATION" AND "DISCLOSURE DATE" AND REVISE THE DEFINITION OF CERTAIN TERMS IN THE CAMPAIGN FINANCE DISCLOSURE LAWS; TO REQUIRE, FROM AND AFTER JANUARY 1, 2007, CERTAIN CANDIDATES TO FILE THE REPORTS REQUIRED TO BE FILED WITH THE OFFICE OF THE SECRETARY OF STATE BY ELECTRONIC FORMAT; TO CLARIFY THE INFORMATION REQUIRED TO BE INCLUDED IN CERTAIN CAMPAIGN FINANCE REPORTS; 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 REQUIRE STATEMENTS REGARDING CERTAIN INDEPENDENT CAMPAIGN EXPENDITURES TO BE FILED WITHIN 48 HOURS AND TO REVISE THE INFORMATION REQUIRED TO BE INCLUDED IN SUCH STATEMENTS; TO REVISE THE ELEMENTS NECESSARY FOR A CONVICTION OF A VIOLATION OF THE CAMPAIGN FINANCE LAWS; TO CLARIFY UPON WHOM ADMINISTRATIVE PENALTIES UNDER THE CAMPAIGN FINANCE LAW MAY APPLY; TO AMEND SECTION 97-13-15, MISSISSIPPI CODE OF 1972, TO INCREASE TO $2,000.00 THE AMOUNT THAT CORPORATIONS MAY CONTRIBUTE TO POLITICAL CAMPAIGNS IN A CALENDAR YEAR AND TO PLACE TRUSTS, INCORPORATED ASSOCIATIONS, LIMITED PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS OR MANAGER-MANAGED LIMITED LIABILITY COMPANIES UNDER SUCH RESTRICTION; TO AMEND SECTION 23-15-817, 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; TO AMEND SECTION 97-13-17, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR VIOLATIONS OF THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provision shall be codified as Section 23-15-802, Mississippi Code of 1972:
23-15-802. (1) Contributions to a named candidate made to a political committee authorized by the candidate to accept contributions on the candidate's behalf, shall be considered to be contributions made to the candidate.
(2) Expenditures made by any person, other than the candidate or his authorized committee or agent, in cooperation, consultation or concert with, or at the request or suggestion of a candidate, an authorized committee or agent of such candidate, shall be considered to be a contribution made to the candidate.
(3) The financing of the dissemination, distribution or republication, in whole or in part, of any broadcast or any written, graphic or other form of campaign materials prepared by the candidate, an authorized committee or agent of the candidate, shall be considered to be an expenditure for, and a contribution to, the candidate.
(4) If any person, other than the candidate or his authorized committee or agent, makes or contracts to make any disbursement for any electioneering communication, and the disbursement is coordinated with a candidate or any authorized committee or agent of the candidate, such disbursement or contract shall be considered to be a contribution to the candidate supported by the electioneering communication and as an expenditure by the candidate.
SECTION 2. The following provision shall be codified as Section 23-15-808, Mississippi Code of 1972:
23-15-808. (1) Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of One Thousand Dollars ($1,000.00) during any calendar year, shall, within forty-eight (48) hours of each disclosure date, file with the appropriate offices as provided for in Section 23-15-805 (such person shall be considered a political committee for determining the place of filing), a statement made under penalty of prosecution containing the following:
(a) The identity of:
(i) The person making the disbursement;
(ii) Any person sharing or exercising discretion or control over the activities of the person making the disbursement; and
(iii) The custodian of the books and accounts of the person making the disbursement;
(b) The principal place of business of the person making the disbursement if the person is not an individual;
(c) The amount of each disbursement of more than Two Hundred Dollars ($200.00) made during the period covered by the statement and the identity of the person to whom the disbursement was made;
(d) The elections to which the electioneering communication pertains and the names, if known, of the candidates to whom the communication refers;
(e) If the disbursements were paid out of a segregated bank account, the names and addresses of all contributors who contributed an aggregate amount in excess of Two Hundred Dollars ($200.00) to the account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date; and
(f) If the disbursements were paid out of funds not covered by paragraph (e) of this subsection, the names and addresses of all persons who contributed an aggregate amount in excess of Two Hundred Dollars ($200.00) to the person making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the disclosure date.
(2) For purposes of this section, a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement.
(3) The reporting requirements of this subsection shall be in addition to any other reporting requirement under this article.
SECTION 3. Section 23-15-801, Mississippi Code of 1972, is amended as follows:
23-15-801. As used in this article:
(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 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; 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: (i) 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 conducting any of the activities specified in this chapter; or (ii) any segregated fund established, administered and utilized for political purposes by a corporation, labor organization, political party registered with the Secretary of State, membership organization, cooperative or corporation without capital stock.
(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 or political committee for the purpose of influencing any election for an elective office or balloted measure, or promise or guarantee of a subscription, loan, advance or deposit of money or anything of value that was made by any person, political committee or political party for the purpose of influencing any election for an elective office or balloted measure that would cause a candidate, political committee, political party or affiliated organization to act for purposes of influencing any election for an elective office or balloted measure on reliance of such promise or guarantee in making an expenditure as defined in this section;however, the term "contribution" does 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; and
(ii) A contribution to a political party includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, 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; however, a contribution to a political party does 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.
(f) (i) "Expenditure" includes:
1. Any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office;
2. A written contract, promise, or agreement to make an expenditure; and
(ii) "Expenditure" does not include:
1. Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or
2. Nonpartisan activity designed to encourage individuals to vote or to register to vote and does not refer to a clearly identified candidate for state or local office;
(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.
(g) The term "identification" means:
(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 such person.
(h) * * * "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 such association, committee or organization.
(i) * * * "Person" shall mean any individual, family, firm, committee, corporation, partnership, association, political committee or other legal entity.
(j) * * * "Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate * * * and which is not made in concert with or at the request or suggestion of any candidate, any authorized committee of the candidate or the agent of the candidate or committee or a political party committee or its agents.
(k) * * * "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.
(m) (i) "Electioneering communication" means any broadcast, cable or satellite communication which refers to a clearly identified candidate for state or local office and is made:
1. Within sixty (60) days before a general, special or runoff election for the office sought by the candidate; or
2. Thirty (30) days before a primary election for the office sought by the candidate; and is targeted at the relevant electorate.
(ii) The term "electioneering communication" does not include:
1. A communication appearing in a news story, commentary or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political committee or candidate;
2. A communication which constitutes an independent expenditure;
3. A communication which constitutes a candidate debate or forum or which solely promotes the candidate debate or forum and is made by or on behalf of the person sponsoring the debate; or
4. Nonpartisan activity designed to encourage individuals to vote or register to vote and does not refer to a clearly identified candidate for state or local office.
(iii) An electioneering communication is targeted at the relevant electorate if the communication:
1. Refers to a clearly identified candidate; and
2. Can be received by five thousand (5,000) or more persons in the jurisdiction in which the candidate seeks to represent.
(n) "Disclosure date" means:
(i) The first date during any calendar year by which a person has made disbursement for the direct costs of producing or airing electioneering communications aggregating in excess of One Thousand Dollars ($1,000.00); and
(ii) Any subsequent date during the calendar year by which a person has made disbursement for the direct costs of producing or airing electioneering communications aggregating in excess of Five Hundred Dollars ($500.00) since the most recent disclosure date for such calendar year.
SECTION 4. 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, all candidates, their authorized committees or agents and other political committees that receive contributions or make expenditures in excess of Seventy-five Thousand Dollars ($75,000.00) in any calendar year shall file the reports required under this article by electronic format.
(b) When aggregate contributions or aggregate disbursements for a calendar year reach in excess of Seventy-five Thousand Dollars ($75,000.00), the candidate, his or her authorized committee or agent, or political committee must resubmit each previously submitted report for the same calendar year that was not filed electronically by way of electronic format within thirty (30) days of exceeding the threshold of Seventy-five Thousand Dollars ($75,000.00).
(c) 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) (a) 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.
(b) No information copied from reports required to be filed under this article shall be sold or used by any person for the purpose of soliciting contributions or for commercial purposes other than using the name and address of any political committee to solicit contributions from the political committee. A political committee may submit five (5) pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors provided the committee attaches a list of the pseudonyms to the appropriate report. The Secretary of State shall exclude those lists from the public record.
* * *
SECTION 5. 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 receive contributions or make expenditures in excess of Two Hundred Dollars ($200.00) in the aggregate in any 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 at such election or conducting any activities specified in this chapter, 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 include all campaign finance activity for the period beginning after the last appropriately filed annual, periodic or preelection report and extending through 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 include all campaign finance activity for the period beginning after the last appropriately filed annual, periodic or preelection report and extending through 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, and political committees that receive contributions or make expenditures in excess of Two Hundred Dollars ($200.00) in the aggregate in any 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 of such election or conducting any activities specified in this chapter, 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. These reports shall include all campaign finance activity for the period beginning after the last appropriately filed annual, periodic or preelection report and extending through the last day of each period.
(4) 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 paragraph (b) of this subsection (4) 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.
(e) In addition to the contents of the reports specified in paragraphs (a), (b), (c) and (d) of this subsection (4), each political committee required to be registered with the Secretary of State that expends funds in excess of Ten Thousand Dollars ($10,000.00) in conducting any activities specified in this chapter, shall disclose:
(i) For each political committee, whether or not it is required to be registered in Mississippi, that makes a contribution, which is required to be disclosed pursuant to subsection (4) of this section, the name and address of each contributor to such political committee that contributed in excess of Two Hundred Dollars ($200.00) in the aggregate, in the calendar year, to the reporting political committee; and
(ii) If a contributor required to be disclosed in (4)(e)(i) of this section is a political committee, whether or not it is required to be registered in Mississippi, the name and address of all contributors to such political committee that contributed in excess of Two Hundred Dollars ($200.00) in the aggregate, in the calendar year to the political committee as a contributor to the reporting committee.
The requirement of subparagraphs (i) and (ii) of this subsection shall apply to all political committees who are contributors to political committees required to be disclosed pursuant to (4)(e) of this section. In addition, no political committee shall accept any contribution from a political committee whether or not it is required to be registered in Mississippi, for the purpose of making contributions, expenditures, independent expenditures or electioneering communication disbursements unless it can obtain the information required to be disclosed by this section.
(iii) The provisions of this subparagraph (e) shall not apply to contributions from a political committee made to or received from a political committee of a political party registered with the Secretary of State and political committees authorized to accept contributions on a candidate's behalf.
(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 or expenditure of more than Two Hundred Dollars ($200.00) is received or made 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 by filing a report with the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of the expenditure or receipt of the contribution in excess of Two Hundred Dollars ($200.00). Multiple contributions may be included in a single report if none of the reported contributions was received more than forty-eight (48) hours before the report is filed. The report shall include:
(i) The name of the receiving or expending candidate;
(ii) The name of the expending or receiving candidate's political committee, if any;
(iii) The office sought by the candidate;
(iv) The identification of each person who made a contribution or of the entity receiving the expenditure required to be reported under this subsection;
(v) The date of receipt of each contribution or the date of expenditure required to be reported under this subsection;
(vi) The amount of each contribution or expenditure required to be reported under this subsection;
(vii) If a contribution is in-kind, a description of the in-kind contribution, or if the expenditure is a thing of value, a description of the thing of value; * * *
(viii) The signature of the candidate or the treasurer or director of the candidate's political committee;
(ix) The total amount of all contributions required to be reported under this subsection.
(b) The report required by this subsection 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 or expenditure.
(c) The filing of reports required by this subsection does not relieve the candidate of the responsibility of including the contributions contained in the report in the next report required to be filed under subsection (2) of this section.
(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 6. Section 23-15-809, Mississippi Code of 1972, is amended as follows:
23-15-809. (1) Every person who makes or contracts to make independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement within forty-eight (48) hours of making or contracting to make an independent expenditure. The 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.
(2) Statements required to be filed under this subsection by a political committee shall include:
(a) The name and address of each person who receives any disbursement during the reporting period in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) within the calendar year;
(b) The date, amount and purpose of the expenditure;
(c) A statement indicating whether the independent expenditure is in support of, or in opposition to, a candidate, and the office sought by the candidate; and
(d) * * * A certification, under penalty of prosecution, of whether * * * the 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.
(3) Statements required to be filed under this subsection by persons other than a political committee shall include:
(a) The name and address of each person who makes a contribution for the purpose of furthering an independent expenditure to the person filing the statement during the reporting period whose contribution during the calendar year has an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of such contribution;
(b) The name and address of each person who receives any disbursement during the reporting period in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) within the calendar year;
(c) The date, amount and purpose of any independent expenditure;
(d) A statement indicating whether the independent expenditure is in support of, or in opposition to, a candidate, and the office sought by the candidate; and
(e) A certification, under penalty of prosecution, of whether the 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.
SECTION 7. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (1) Any candidate or any other person who willfully * * * violates the provisions and prohibitions of this article shall be guilty of a felony and upon conviction thereof shall be punished by a fine in an amount not to exceed Ten Thousand Dollars ($10,000.00) or imprisoned for not longer than one (1) year, or by both * * *.
(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 that are 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 that are 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) Prosecutions under this section may be commenced by a district attorney, county prosecuting attorney, or the Attorney General; however, the Attorney General shall prosecute violations, if he deems a violation has occurred, of this article upon recommendation of the State Board of Election Commissioners.
SECTION 8. 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 person 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 persons who have failed to file a report. The Secretary of State shall provide each person, 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 person 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 a candidate or other individual required to file a report, interfered with timely filing of a report. Failure of a person 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 person is assessed a civil penalty, and the penalty is not subsequently waived by the Secretary of State, the person 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 person identified in subsection (1) of this section 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 person and notice of the time and place of the hearing to be served upon the person at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known business address of the person.
(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 person 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 person 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. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. 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 person will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State will 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 person 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 person 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 persons who have not filed a valid report, and the Attorney General shall thereupon prosecute the delinquent candidates and political committees.
SECTION 9. Section 97-13-15, Mississippi Code of 1972, is amended as follows:
97-13-15. (1) It shall be unlawful for any corporation, trust, incorporated company or incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, by whatever name it may be known, incorporated or organized under the laws of this state, or doing or conducting 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, trust, incorporated company, incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, in excess of Two Thousand Dollars ($2,000.00) per calendar year for the purpose of aiding any political party, candidate for any public office, or * * * candidate for * * * nomination for any public office or any representative or committee of such political party for candidate.
(2) It shall be unlawful for any corporation, trust, incorporated company, incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, by whatever name it may be known, incorporated or organized under the laws of this state, or doing or conducting 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, trust, incorporated company, incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, in excess of Five Thousand Dollars ($5,000.00) per calendar year for the purpose of aiding any political committee which is registered or required to be registered in this state.
(3) It shall be unlawful for any political committee or political action committee registered or required to be registered in this state, or which is registered or required to be registered with another state or with the Federal Election Commission, to give, donate, appropriate or furnish directly or indirectly any money, security, funds or property of such political committee or political action committee in excess of Five Thousand Dollars ($5,000.00) per calendar year to any other political committee which is registered or required to be registered in this state.
SECTION 10. 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 11. Section 97-13-17, Mississippi Code of 1972, is amended as follows:
97-13-17. (a) Any corporation, trust, incorporated company or incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, political committee or political action committee 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), except that where the amount or value of money, security, funds or property unlawfully given, donated, appropriated or furnished, directly or indirectly, shall exceed Five Thousand Dollars ($5,000.00), the corporation, trust, incorporated company or incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, political committee or political action committee or agent, officer or employee violating any of the provisions of Section 97-13-15 shall, upon conviction, be fined not less than Five Thousand Dollars ($5,000.00) nor more than three (3) times the amount or value of money, security, funds or property unlawfully given, donated, appropriated or furnished, directly or indirectly.
(b) Any agent, officer or employee of a corporation, trust, incorporated company or incorporated association, limited partnership, limited liability partnership or manager-managed limited liability company, political committee or political action committee, or any other person violating any of the provisions of Section 97-13-15 shall, upon conviction, be guilty of a felony and fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned for not longer than one (1) year, or both.
SECTION 12. The Secretary of State shall promulgate rules and regulations in accordance with state law necessary to effectuate the provisions of this act.
SECTION 13. Section 23-15-1023, Mississippi Code of 1972, which provides that judicial candidates shall disclose information about certain loans, is repealed.
SECTION 14. The provisions of Sections 23-15-801 through 23-15-817 are severable, and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect, impair or abrogate any of the remaining provisions, but the remaining provisions thereof shall be and remain in full force and effect without regard to that phrase, clause or portion invalidated.
SECTION 15. 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 16. 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.