House Bill 240

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 23-15-802, MISSISSIPPI CODE OF 1972, TO RESTRICT THE PURPOSES FOR WHICH A CANDIDATE FOR PUBLIC OFFICE MAY USE CAMPAIGN CONTRIBUTIONS FOR A REASON UNRELATED TO THE CANDIDATE'S CAMPAIGN TO SEEK ELECTION OR REELECTION TO AN OFFICE; TO PRESCRIBE THE PERSONS, ORGANIZATIONS AND LEGAL ENTITIES TO WHICH A CANDIDATE WHO IS FINALLY ELECTED, DEFEATED OR WITHDRAWS FROM AN ELECTION CAMPAIGN MAY DISBURSE SURPLUS CONTRIBUTIONS; TO PRESCRIBE PENALTIES FOR A VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-802, Mississippi Code of 1972:

23-15-802. (1) Except as otherwise provided in this section, it shall be unlawful for a candidate for public office to use any campaign contribution received by the candidate from any source for any personal purpose or for any reason unrelated to the candidate's campaign to seek election or reelection to an office. A candidate who uses campaign contributions to satisfy or fulfill any commitment, obligation or expense that would exist regardless of the candidate's campaign shall be deemed to have used campaign contributions for a personal purpose.

(2) Within thirty (30) days following the end of the month in which a candidate for office is finally elected, defeated or withdraws from a campaign seeking election or reelection to an office, the candidate shall either:

(a) Deposit all surplus contributions in an account separate from any personal accounts. For purposes of this section, the term "surplus contributions" means any campaign contributions remaining after payment of all campaign expenditures. Surplus contributions in such account may only be used by a candidate to seek reelection or election to another office and the candidate shall continue to file with the Secretary of State all reports of contributions to and disbursements from such account as required under this article until the candidate submits a final report that he or she will no longer receive any contributions or make any disbursements; or

(b) Turn over surplus campaign funds to: (i) Campaign contributors on a prorated basis, however, in no case shall the amount to be distributed to a single campaign contributor exceed the amount of the contribution made by the contributor to the candidate;

(ii) A nonprofit organization which is exempt from taxation under Section 501(c) of the Internal Revenue Code; (iii) An organized political party or political committee of the candidate's choice;

(iv) Another qualified political candidate;

(v) The State Treasury; or

(vi) Any school district, museum, civic club, organization or association, or any other legal entity, public or private, located in the candidate's election district for expenditure by such entity for any lawful purpose.

(3) A violation of this section shall be punishable as provided under Section 23-15-811.

SECTION 2. 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 3. 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.