MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary A; Apportionment and Elections
By: Representatives Zuber, Hughes
AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS 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 WAY SURPLUS CAMPAIGN CONTRIBUTIONS MUST BE HANDLED; 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 CAMPAIGN 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) 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) All surplus contributions shall be deposited in an account separate from any personal accounts. For purposes of this section, the term "surplus contributions" means any campaign contributions, any monies or assets received by a candidate or on behalf of a candidate for campaign purposes, any purchases or acquisitions by a candidate or on behalf of a candidate for campaign purposes, and any monies or assets that have been made accessible to a candidate for campaign purposes which remain 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. 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.
(3) Within four (4) years and six (6) months following the time a candidate for office is finally elected, defeated or withdraws from a campaign seeking election or reelection to an office or upon filing the termination report required under Section 23-15-807, the candidate shall dispose of all campaign contributions and surplus campaign contributions by any of the following means, or any combination thereof:
(a) Return the funds on a prorated basis to each contributor, however, in no case shall the amount to be distributed to a single campaign contributor exceed the contribution amount the contributor made to the candidate;
(b) Donate the funds to a nonprofit organization which is exempt from taxation under Section 501(c) of the Internal Revenue Code; or
(c) Give the funds to:
(i) An organized political party or political committee of the candidate's choice;
(ii) Another qualified political candidate;
(iii) The State Treasury; or
(iv) 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.
(4) A violation of this section shall be punishable as provided under Section 23-15-811.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.