Campaign finance requirements in Rhode Island
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Rhode Island campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within fifteen days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]
The rules governing federal election campaigns and contributions have evolved over the past generation as result of a number of Supreme Court decisions. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections. Super PACs are prohibited from making contributions to candidates, either statewide or for state congress, PACs, party committees and ballot measures. Individuals, single candidate committees, PACs, political parties, corporations and unions can make unlimited contributions to ballot measures. Corporations and unions are prohibited from making contributions to candidates, either statewide or for state congress, PACs and party committees. There are no limits on in-kind contributions to candidates by a political party.[7] Contribution limitations for Individuals, single candidate committees, PACs and political parties contributions are per year.[8]
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in Rhode Island as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.
| Rhode Island contribution limits as of May 2015 | |||||||
|---|---|---|---|---|---|---|---|
| Individuals | Single candidates committees | PACs | Political party | Super PACs | Corporations | Unions | |
| Statewide candidate (e.g., governor) | $1,000 | $1,000 | $1,000 | $25,000 | $0 | $0 | $0 |
| Senate candidate | $1,000 | $1,000 | $1,000 | $25,000 | $0 | $0 | $0 |
| House candidate | $1,000 | $1,000 | $1,000 | $25,000 | $0 | $0 | $0 |
| PAC | $1,000 | $1,000 | $1,000 | $1,000 | $0 | $0 | $0 |
| Party committees | $1,000 | $1,000 | $1,000 | $1,000 | $0 | $0 | $0 |
| Ballot measures | unlimited | unlimited | unlimited | unlimited | 0 | unlimited | unlimited |
| Sources: State of Rhode Island Board of Elections, "RI Campaign Contributions and Expenditures Reporting Act," accessed May 22, 2015 |
Candidate requirements
See statutes: Rhode Island General Laws, Title 17, Chapter 25
Every candidate for public office is required by law to file periodic reports of campaign contributions and expenditures. A candidate is defined as any individual who undertakes any action necessary to qualify for nomination or election to public office, or who receives contributions or makes expenditures for campaign purposes, or who authorizes anyone else to receive contributions or make expenditures for campaign purposes on his or her behalf.[9][10]
Organizational requirements
A candidate must file a Notice of Organization with the Board of Elections upon filing a Declaration of Candidacy or before receiving a contribution or making an expenditure, whichever comes first. On the Notice of Organization, the candidate must include his or her name, residential and mailing addresses, contact information, office sought, party affiliation (if any), as well as the name, contact information, and signature of an appointed treasurer. The candidate must also identify a depository into which all campaign receipts will be deposited and from which all campaign expenditures will be made. Both the treasurer and the candidate must sign the notice in the presence of a notary public. A candidate may serve as his or her own treasurer. The candidate ultimately bears full responsibility for the activities of his or her campaign and the campaign's treasurer and/or deputy treasurers.[9][11]
A candidate is also required to file a Financial Disclosure Statement with the Rhode Island Ethics Commission within 30 days of filing his or her Declaration of Candidacy.[9][12]
The treasurer is responsible for maintaining and preserving all records and supporting documents for a period of four years.[9][13]
If the candidate will not accept contributions in excess of $100 in the aggregate from a single source within the calendar year (including a candidate's own funds) nor make aggregate expenditures greater than $1,000 within the calendar year, he or she may file an Affidavit for Annual Filing Exemption. By filing this form, the candidate is exempted from filing scheduled periodic and quarterly reports.[9][14]
Reporting requirements
A candidate for "general office" (governor, lieutenant governor, attorney general, secretary of state, or treasurer) must file campaign finance reports electronically using the Campaign Finance Electronic Reporting and Tracking System (ERTS). A candidate for another office (including state legislative candidates) who raises or spends more than $10,000 annually, or whose report shows a campaign fund balance of $25,000 or greater, is likewise required to file reports electronically. A candidate who does not meet these thresholds may file electronically or by paper.[9][15]
Generally speaking, a campaign finance report consists of the following:[9][16]
1.) Summary of Campaign Activity
- This includes the campaign account's cash balance as of the beginning of the reporting period, total contributions and receipts received, total expenditures and disbursements made during the period, and ending cash balance for the reporting period.
2.) Schedule of Contributions Received
- This includes individual and aggregate contributions and receipts for the reporting period. For all contributions from any individual exceeding $100 within a calendar year, the name, address and place of employment of the contributor must be provided, as well as the date and amount of the contribution. Contributions that do not meet this threshold may be reported as aggregate totals, though the treasurer must keep records including the itemized information.
3.) Schedule of Expenditures
- This includes individual and aggregate expenditures and disbursements for the reporting period. For all expenditures or disbursements made to any person or vendor in excess of $100 within a calendar year, the name and address of the recipient must be included, as well as the amount, date and purpose of the expenditure or disbursement. Expenditures and disbursements that do not meet this threshold may be reported as aggregate totals, though the treasurer must maintain itemized records.
Reporting schedules vary according to the candidate's participation level in the election year.[9][14]
Reports must be filed until all campaign funds have been expended and the campaign has filed an Affidavit of Dissolving Campaign Account.[9][14]
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the Rhode Island state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
Ballotpedia has tracked 11 statewide ballot measures relating to elections and campaigns.
- Rhode Island Question 2, Restoration of Voting Rights Act (2006)
- Rhode Island Suffrage, Proposal 2 (1984)
- Rhode Island Four Year Terms, Proposal 4 (1982)
- Rhode Island Suffrage, Proposal 1 (1973)
- Rhode Island Qualifications for Office, Proposal 2 (1973)
- Rhode Island Four Year Terms, Proposal 6 (1973)
- Rhode Island Qualifications and Registration of Voters, Proposal 14 (1972)
- Rhode Island Qualification of Electors—Narragansett Indians, Proposal 1 (1950)
- Rhode Island Qualification of Electors—Servicemen Exempt, Proposal 5 (1950)
- Rhode Island Judicial Power, Proposal 1 (1952)
- Rhode Island Judicial Power, Proposal 1 (1954)
Candidates running for office may require some form of interaction with the following agencies:
- Rhode Island Board of Elections
- Why: This agency provides and processes campaign finance reports.
- 50 Branch Ave.
- Providence, RI 02904-2737
- Phone: (401) 222-2345
- Fax: (401) 222-3135
- Website: http://www.elections.state.ri.us/
- Email: elections@elections.ri.gov
- 50 Branch Ave.
- Rhode Island Secretary of State, Elections and Voting Division
- Why: This agency provides and processes declarations of candidacy (for federal and statewide offices).
- 148 West River Street
- Providence, RI 02904-2615
- Phone: (401) 222-2340
- Website: http://sos.ri.gov/elections/
- 148 West River Street
Recent news
The link below is to the most recent stories in a Google news search for the terms Rhode Island campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in Rhode Island
- Rhode Island
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ State of Rhode Island Board of Elections, "RI Campaign Contributions and Expenditures Reporting Act," accessed May 22, 2015
- ↑ State of Rhode Island Board of Elections, "RI Campaign Contributions and Expenditures Reporting Act," accessed May 22, 2015
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 Rhode Island Board of Elections, "Campaign Finance Manual 2014," accessed March 26, 2014 (dead link)
- ↑ Rhode Island General Laws, "Title 17, Section 17-25-3," accessed March 26, 2014
- ↑ Rhode Island General Laws, "Title 17, Section 17-25-8," accessed March 26, 2014
- ↑ Rhode Island General Laws, "Title 36, Section 36-14-16," accessed March 26, 2014
- ↑ Rhode Island General Laws, "Title 17, Section 17-25-11.1," accessed March 26, 2014
- ↑ 14.0 14.1 14.2 Rhode Island General Laws, "Title 17, Section 17-25-11," accessed March 26, 2014
- ↑ Rhode Island General Laws, "Title 17, Section 17-25-7.6," accessed March 26, 2014
- ↑ Rhode Island General Laws, "Title 17, Section 17-25-7," accessed March 26, 2014
