Campaign finance law; revise various provisions related to.

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To: Apportionment and
Elections; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 1101

AN ACT TO REVISE THE CAMPAIGN FINANCE LAWS; TO AMEND SECTION 1
23-15-801, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN 2
DEFINITIONS; TO REVISE THE DEFINITIONS OF CERTAIN TERMS; TO AMEND 3
SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATES 4
TO CREATE A CANDIDATE COMMITTEE TO REPORT THEIR CONTRIBUTIONS AND 5
EXPENDITURES; TO PROVIDE WHAT MUST BE INCLUDED IN THE STATEMENT OF 6
ORGANIZATION OF A CANDIDATE COMMITTEE; TO REVISE THE STATEMENT OF 7
ORGANIZATION FOR POLITICAL COMMITTEES; TO REVISE THE 8
ADMINISTRATIVE PENALTIES FOR CANDIDATE AND POLITICAL COMMITTEES; 9
TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO REQUIRE 10
THE SECRETARY OF STATE TO MAINTAIN A CENTRAL SITE ON THE INTERNET 11
TO MAKE ACCESSIBLE AND SEARCHABLE TO THE PUBLIC ALL PUBLIC 12
AVAILABLE ELECTION-RELATED REPORTS AND INFORMATION; TO PROVIDE 13
THAT, BEGINNING ON JANUARY 1, 2027, ALL CAMPAIGN FINANCE REPORTS 14
SHALL BE FILED ON THE SECRETARY OF STATE'S ONLINE FILING SYSTEM; 15
TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO REVISE 16
THE CAMPAIGN FINANCE REPORTS THAT SHALL BE FILED BY CANDIDATE AND 17
POLITICAL COMMITTEES; TO PROVIDE THAT CANDIDATE AND POLITICAL 18
COMMITTEES SHALL HAVE ZERO CASH ON HAND BEFORE FILING A 19
TERMINATION REPORT; TO PROVIDE THAT THE REPORTS SHALL BE FILED 20
BASED ON THE ELECTION CYCLE; TO PROHIBIT ANONYMOUS CONTRIBUTIONS 21
AND REQUIRE THAT ANY RECEIVED SHALL BE RETURNED TO THE DONOR OR 22
DEPOSITED INTO THE ELECTIONS SUPPORT FUND; TO PROVIDE THAT CERTAIN 23
NOTIFICATIONS SHALL BE MADE ON THE SECRETARY OF STATE'S ONLINE 24
FILING SYSTEM; TO AMEND SECTION 23-15-809, MISSISSIPPI CODE OF 25
1972, TO PROVIDE THAT INDEPENDENT EXPENDITURE REPORTS MUST BE 26
FILED BY THE SECOND BUSINESS DAY AFTER THE EXPENDITURE IS MADE; TO 27
AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO INCREASE 28
CERTAIN PENALTIES; TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 29
1972, TO PROVIDE THAT THE SECRETARY OF STATE, AND NOT THE ETHICS 30
COMMISSION, SHALL BE AUTHORIZED TO ASSESS FINES; TO DECREASE THE 31
TIME THAT THE SECRETARY OF STATE HAS TO PROVIDE NOTICE OF A 32
FAILING TO FILE; PROVIDE INCREASES TO CERTAIN FINES; TO PROVIDE A 33
SHORTER TIME FOR WHEN FINES BEGIN TO ACCRUE FOR PRE-ELECTION 34
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REPORTS; TO REQUIRE THE FAILURE TO FILE CERTAIN REPORTS TO BE 35
REPORTED TO THE MISSISSIPPI PRESS ASSOCIATION; TO PROVIDE THAT 36
FINES CAN BE APPEALED TO THE CIRCUIT COURTS IN RANKIN AND MADISON 37
COUNTIES, AS WELL AS HINDS COUNTY; TO AMEND SECTION 23-15-815, 38
MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE 39
SECRETARY OF STATE REGARDING CAMPAIGN FINANCE REPORTS; TO REQUIRE 40
THE SECRETARY OF STATE TO PREPARE CERTAIN FORMS AND A CAMPAIGN 41
FINANCE MANUAL; TO PROVIDE HOW LONG CAMPAIGN FINANCE REPORTS SHALL 42
BE MADE AVAILABLE; TO REQUIRE THE SECRETARY OF STATE TO INSPECT 43
CERTAIN REPORTS AND STATEMENTS OF ORGANIZATION; TO REQUIRE THE 44
SECRETARY OF STATE TO CREATE RULES ON A WRITTEN COMPLAINT AND 45
RESPONSE PROCESS; TO AUTHORIZE THE SECRETARY OF STATE TO 46
CONFIDENTIALLY MAKE INVESTIGATIONS INTO STATEMENTS AND REPORTS 47
THAT ARE FILED; TO PROVIDE THE SAME AUTHORITY TO THE ETHICS 48
COMMISSION FOR REPORTS AND STATEMENTS FILED BY THE SECRETARY OF 49
STATE OR ANY PERSON RUNNING FOR THAT OFFICE; TO AMEND SECTION 50
23-15-817, MISSISSIPPI CODE OF 1972, TO ADD STATE DISTRICT 51
OFFICERS TO THE LIST THAT IS RELEASED TO THE MISSISSIPPI PRESS 52
ASSOCIATION FOR FAILURE TO FILE A CAMPAIGN FINANCE DISCLOSURE 53
REPORT; TO AMEND SECTION 23-15-819, MISSISSIPPI CODE OF 1972, TO 54
PROVIDE THAT IT SHALL BE UNLAWFUL FOR A FOREIGN NATIONAL, DIRECTLY 55
OR THROUGH ANY OTHER PERSON, TO MAKE ANY CONTRIBUTION OR ANY 56
EXPENDITURE OF MONEY OR OTHER THING OF VALUE, OR TO PROMISE 57
EXPRESSLY OR IMPLIEDLY TO MAKE ANY SUCH CONTRIBUTION OR 58
EXPENDITURE, IN CONNECTION WITH AN ELECTION FOR ANY CONSTITUTIONAL 59
AMENDMENT, LOCAL BALLOT MEASURE, BALLOT REFERENDUM, OR OTHER 60
SIMILAR MEASURES; TO PROVIDE CERTAIN PENALTIES FOR KNOWINGLY 61
VIOLATING THIS SECTION; TO AMEND SECTION 23-15-821, MISSISSIPPI 62
CODE OF 1972, TO PROVIDE THAT PERSONAL USE OF CAMPAIGN 63
CONTRIBUTIONS BY A POLITICAL COMMITTEE SHALL BE PROHIBITED; TO 64
PROVIDE THAT UPON FILING A TERMINATION REPORT, A ZERO CASH ON HAND 65
BALANCE SHALL BE REQUIRED AND NO FUNDS SHALL BE MAINTAINED IN THE 66
CAMPAIGN ACCOUNT; TO PROVIDE THAT IF A CANDIDATE WITH EXEMPT 67
CAMPAIGN FINANCE CONTRIBUTIONS NO LONGER HOLDS OFFICE, HE OR SHE 68
SHALL DISPENSE WITH THE CONTRIBUTIONS AND REPORT THAT TO THE 69
SECRETARY OF STATE WITHIN ONE YEAR OF LEAVING OFFICE; TO CREATE A 70
NEW SECTION OF LAW THAT REQUIRES CANDIDATES TO DISCLOSE THE 71
IDENTITY OF ANY PERSON WHO RECEIVES A LONG OR OTHER EXTENSION OF 72
CREDIT FROM; TO CREATE A NEW SECTION OF LAW THAT REQUIRES THE 73
CANDIDATE OR TREASURER OF EACH CANDIDATE COMMITTEE OR POLITICAL 74
COMMITTEE TO KEEP A DETAILED RECORD OF ALL CONTRIBUTIONS AND 75
EXPENDITURES; TO AUTHORIZE CERTAIN ACCOUNTS TO BE INSPECTED BY THE 76
SECRETARY OF STATE; TO REQUIRE THE PRESERVATION OF CERTAIN 77
REPORTS; TO CREATE A NEW SECTION OF LAW THAT PROVIDES FOR 78
CORPORATE CONTRIBUTION LIMITS; TO PROVIDE THAT THE PENALTY SHALL 79
BE FOR THE RECEIVING ENTITY AND NOT THE CORPORATION; TO PROVIDE 80
THAT THE CORPORATE CONTRIBUTION LIMITS SHALL NOT APPLY TO 81
INDEPENDENT EXPENDITURES; TO PROVIDE CERTAIN PENALTIES WHEN 82
UNLAWFUL CONTRIBUTIONS ARE NOT RETURNED; TO AUTHORIZE THE ATTORNEY 83
GENERAL TO BRING LEGAL ACTION AS NECESSARY FOR THE COLLECTION OF 84
LEVIED ASSESSMENTS; TO REPEAL SECTION 97-13-15, MISSISSIPPI CODE 85
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OF 1972, WHICH PROHIBITS POLITICAL CONTRIBUTIONS BY CORPORATIONS; 86
TO REPEAL SECTION 97-13-17, MISSISSIPPI CODE OF 1972, WHICH 87
PENALIZES ILLEGAL CORPORATE CONTRIBUTIONS; AND FOR RELATED 88
PURPOSES. 89
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 90
SECTION 1. Section 23-15-801, Mississippi Code of 1972, is 91
amended as follows: 92
23-15-801. (a) "Election" means a general, special, primary 93
or runoff election. 94
(b) "Candidate" means an individual who seeks nomination for 95
election, or election, to any elective office other than a federal 96
elective office. For purposes of this * * * chapter, an 97
individual shall be deemed to seek nomination for election, or 98
election: 99
(i) * * * If he or she files a statement of 100
organization with the Secretary of State seeking to become a 101
candidate for the Legislature or any statewide, or state district 102
or judicial office, files a statement of organization with the 103
county circuit clerk if seeking county or county district office, 104
or with the municipal clerk if seeking municipal or municipal 105
district office; or 106
(ii) * * *. If he or she officially qualifies for 107
office by filing the appropriate paperwork by the qualifying 108
deadlines specified in Sections 23-15-299, 23-15-309, 23-15-359, 109
23-15-361 and 23-15-977, whichever occurs first; and 110
(iii) No individual, or agent of the individual, as 111
described in paragraph (i) or (ii) of this subsection, may accept 112
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contributions or make expenditures until he or she has filed a 113
statement of organization to seek office with the appropriate 114
office. 115
(c) "Candidate committee" means a committee established by a 116
candidate for the purpose of receiving contributions and making 117
expenditures to obtain elected office. 118
( * * *d) "Political committee" means any committee, party, 119
club, association, political action committee, campaign committee 120
or other groups of persons or affiliated organizations that 121
receives contributions * * * or that makes expenditures * * * for 122
the purpose of influencing or attempting to influence the action 123
of voters for or against the nomination for election, or election, 124
of one or more candidates, or balloted measures. Political 125
committees shall, in addition, include each political party 126
registered with the Secretary of State. 127
( * * *e) "Affiliated organization" means any organization 128
that is not a political committee, but that directly or indirectly 129
establishes, administers or financially supports a political 130
committee. 131
( * * *f) (i) "Contribution" shall include any corporate 132
contribution, coordinate expenditure, gift, subscription, loan, 133
advance or deposit of money or anything of value made by any 134
person, corporation, candidate committee or political committee 135
for the purpose of influencing any election for elective office or 136
balloted measure; 137
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(ii) "Contribution" shall not include the value of 138
services provided without compensation by any individual who 139
volunteers on behalf of a candidate or political committee; or the 140
cost of any food or beverage for use in any candidate's campaign 141
or for use by or on behalf of any political committee of a 142
political party; 143
(iii) "Contribution to a political party" includes any 144
corporate contribution, coordinate expenditure, gift, 145
subscription, loan, advance or deposit of money or anything of 146
value made by any person, corporation, political committee, or 147
other organization to a political party and to any committee, 148
subcommittee, campaign committee, political committee and other 149
groups of persons and affiliated organizations of the political 150
party. Political parties shall establish a separate campaign fund 151
for the purpose of supporting or opposing candidates or ballot 152
measures, and any such funds collected for this purpose shall be 153
deposited into such fund. Such fund shall be used to accept 154
contributions and make expenditures for this purpose, and all such 155
funds shall be kept separate and accounted for apart from any 156
other funds of the political party; or 157
(iv) "Contribution to a political party" shall not 158
include the value of services provided without compensation by any 159
individual who volunteers on behalf of a political party or a 160
candidate of a political party. Political parties may establish 161
other funds for the purpose of, but not limited to, the general 162
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operation of the party or building funds or any other fund the 163
party deems necessary apart from supporting or opposing candidates 164
or ballot measures, and such funds shall not be considered 165
campaign funds for the purpose of this chapter and therefore, 166
corporate contribution limits shall not apply so long as the funds 167
are accounted for separately. Any other funds established by a 168
political party shall not be used to support or oppose candidates 169
or ballot measures. Contributions to a political party shall not 170
be applied to any other fund of the party if the funds are not 171
used for efforts to support or oppose candidates or ballot 172
measures. 173
(g) "Corporate contribution" shall include any gift, 174
subscription, loan, advance or deposit of money or anything of 175
value made by any corporation, incorporated company or 176
incorporated association, or any servant, agent, employee or 177
officer thereof, using any money, security, funds or property of 178
said corporation, incorporated company or incorporated association 179
for the purpose of aiding any political party or any candidate for 180
any public office, or any candidate for any nomination for any 181
public office of any political party or to give, donate, 182
appropriate or furnish, directly or indirectly, any money, 183
security, funds or property of said corporation to any committee 184
or person as a contribution to the expense of any political party 185
or candidate, representative or committee of any political party 186
or candidate for nomination by any political party, or any 187
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committee or other person acting on behalf of such candidate. 188
Corporate contribution funds are limited to the election or defeat 189
of candidates. 190
(h) "Corporation" shall include any incorporated company, 191
incorporated association, by whatever name it may be known, 192
incorporated or organized under the laws of any state or any 193
agent, employee or officer thereof. Corporation shall not include 194
sole proprietorship or solely owned limited liability 195
corporations. 196
( * * *i) (i) "Expenditure" shall include any purchase, 197
payment, distribution, loan, advance, deposit, gift of money or 198
anything of value, made by any person, corporation or political 199
committee for the purpose of influencing any balloted measure or 200
election for elective office; and a written contract, promise, or 201
agreement to make an expenditure; 202
(ii) "Expenditure" shall not include any news story, 203
commentary or editorial distributed through the facilities of any 204
broadcasting station, newspaper, magazine, or other periodical 205
publication, unless the facilities are owned or controlled by any 206
political party, political committee, or candidate; * * * 207
(iii) "Expenditure by a political party" includes 1. 208
any purchase, payment, distribution, loan, advance, deposit, gift 209
of money or anything of value, made by any political party and by 210
any contractor, subcontractor, agent, and consultant to the 211
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political party; and 2. a written contract, promise, or agreement 212
to make such an expenditure. 213
( * * *j) The term "identification" shall mean: 214
(i) In the case of any individual, the name, the 215
mailing address, and the occupation of such individual, as well as 216
the name of his or her employer; and 217
(ii) In the case of any other person, the full name and 218
address of the person. 219
( * * *k) The term "political party" shall mean an 220
association, committee or organization which nominates a candidate 221
for election to any elective office whose name appears on the 222
election ballot as the candidate of the association, committee or 223
organization. 224
( * * *l) The term "person" shall mean any individual, 225
family, firm, * * * partnership, association or other legal 226
entity. 227
( * * *m) The term "independent expenditure" shall mean an 228
expenditure by a person or corporation expressly advocating the 229
election or defeat of a clearly identified candidate that is made 230
without cooperation, coordination or consultation with any 231
candidate or any authorized committee or agent of the candidate, 232
and that is not made in concert with or at the request or 233
suggestion of any candidate or any authorized committee or agent 234
of the candidate. 235
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(n) The term "coordinated expenditure" shall mean a 236
disbursement or an action to cause a disbursement that: 237
(i) Promotes the success or defeat of a candidate 238
or a political party at an election; and 239
(ii) Is made in cooperation, consultation, 240
understanding, agreement or concert with, or at the request or 241
suggestion of, the candidate, member of the candidate's committee, 242
or political party that is the beneficiary of the disbursement. 243
( * * *o) The term "clearly identified" shall mean that: 244
(i) The name or nickname of the candidate involved 245
appears; or 246
(ii) A photograph or drawing of the candidate 247
appears; or 248
(iii) The identity of the candidate is apparent by 249
unambiguous reference. 250
SECTION 2. Section 23-15-803, Mississippi Code of 1972, is 251
amended as follows: 252
23-15-803. (1) Each candidate or political committee shall 253
file a statement of organization which must be received by the 254
Secretary of State * * * prior to the candidate or political 255
committee receiving contributions or making expenditures. All 256
candidates shall be required to establish a candidate committee 257
and shall report all contributions and expenditures made seeking 258
elective office through the candidate committee. A candidate may 259
be the sole member and treasurer of a candidate committee. 260
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(a) * * * Political committees that support or oppose 261
statewide, state district or legislative candidates and statewide 262
ballot measures shall file with the Secretary of State; or 263
(b) * * * Political committees that support or oppose 264
county or county district candidates or county ballot measures 265
shall file with the county circuit clerk. 266
(c) Political committees that support or oppose 267
municipal or municipal district candidates or municipal ballot 268
measures shall file with the municipal clerk. 269
(2) The content of the statement of organization of a 270
candidate committee shall include: 271
(a) The name, address, officers and members of the 272
committee; 273
(b) An electronic mail (email) address unique to the 274
candidate committee; 275
(c) The designation of a chair of the organization and 276
a custodian of the financial books, records and accounts of the 277
organization, who shall be designated treasurer; 278
(d) The name, address, office sought and party 279
affiliation, if any, of the candidate; and 280
(e) The name of the financial institution(s) where the 281
candidate committee will have campaign funds located. 282
(3) The content of the statement of organization of a 283
political committee shall include: 284
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(a) The name, address, officers, and members of the 285
committee; 286
(b) An electronic mail (email) address unique to the 287
political committee; 288
(c) The designation of a chair of the organization and 289
a custodian of the financial books, records and accounts of the 290
organization, who shall be designated treasurer. If the chair or 291
the treasurer of the organization is not a Mississippi resident, 292
the political committee shall designate an individual located in 293
Mississippi capable of receiving service of process for the 294
entity; * * * 295
( * * *d) * * * The election cycles, as set forth in 296
Section 23-15-807, in which the political committee will be making 297
expenditures. A political committee may amend its statement of 298
organization to add or remove election cycles in which it will be 299
making expenditures. A political committee shall file all 300
periodic reports required for the election cycle(s) that it has 301
designated on its statement of organization. 302
(e) The name of the financial institution(s) where the 303
political committee will have campaign funds located. 304
( * * *4) Any change in information previously submitted in 305
a statement of organization shall be reported * * * within thirty 306
(30) days of the change occurring or on an amended statement of 307
organization. 308
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(5) (a) A political committee may amend its statement of 309
organization to remove election cycles in which it will not be 310
making expenditures by notifying the Secretary of State, or other 311
relevant authority, no later than January 31 of each year. The 312
political committee will not be required to file periodic reports 313
associated with that election cycle for which it previously 314
designated it would participate in if the amended statement or 315
organization is amended no later than January 31 of the respective 316
year. 317
(b) If a political committee contributes to a candidate 318
or makes an expenditure in support of or opposition to any 319
candidate or measure on the ballot in an election cycle not 320
designated on the statement of organization after January 31, the 321
political committee must file an amended statement of organization 322
within five (5) business days and shall file all remaining reports 323
for the respective election cycle. 324
( * * *6) In addition to any other penalties provided by 325
law, the * * * Secretary of State shall impose administrative 326
penalties against any candidate committee or political committee 327
that fails to comply with the requirements of this section 328
in * * * the following amounts: 329
(a) For the first offense within a five-year period, 330
One Thousand Dollars ($1,000.00); or 331
(b) For the second violation within a five-year period, 332
Two Thousand Five Hundred Dollars ($2,500.00); or 333
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(c) For the third violation and any subsequent 334
violations within a five-year period, Five Thousand Dollars 335
($5,000.00). 336
The notice, hearing and appeals provisions of Section 337
23-15-813 shall apply to any action taken pursuant to this 338
subsection ( * * *6). The * * * Attorney General's office or 339
district attorney with appropriate jurisdiction shall have the 340
authority to pursue judicial enforcement of any penalties issued 341
pursuant to this section. 342
(7) Electronic mail (email) addresses, phone numbers and 343
financial institution information are not public records and, 344
therefore, are not subject to disclosure under any request for 345
information. 346
SECTION 3. Section 23-15-805, Mississippi Code of 1972, is 347
amended as follows: 348
[From July 1, 2026, until January 1, 2027, this section shall 349
read as follows:] 350
23-15-805. (a) * * * Candidate committees for state, state 351
district, and legislative district offices, and every political 352
committee, which makes reportable contributions to or expenditures 353
in support of or in opposition to a candidate for any such office 354
or makes reportable contributions to or expenditures in support of 355
or in opposition to a statewide ballot measure, shall file all 356
reports required under this * * * chapter with the Office of the 357
Secretary of State. The Secretary of State shall maintain a 358
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central site on the Internet to make accessible to the public and 359
searchable all publicly available election-related reports and 360
information. Reports shall be searchable by the identifiable 361
variables on the report, including, but not limited to, candidate, 362
office sought, itemized contribution, itemized expenditure, amount 363
of contribution and amount of expenditure. In this section, the 364
term "election-related report" means any report, designation or 365
statement required to be filed under this chapter. 366
(b) * * * Candidate committees for county or county district 367
office, and every political committee which makes reportable 368
contributions to or expenditures in support of or in opposition to 369
a candidate for such office or makes reportable contributions to 370
or expenditures in support of or in opposition to a countywide 371
ballot measure or a ballot measure affecting part of a county, 372
excepting a municipal ballot measure, shall file all reports 373
required by this section in the office of the circuit clerk of the 374
county in which the election occurs, or directly to the Office of 375
the Secretary of State * * *. The circuit clerk shall forward 376
copies of all reports to the Office of the Secretary of State. 377
(c) Candidates for municipal office, and every political 378
committee which makes reportable contributions to or expenditures 379
in support of or in opposition to a candidate for such office, or 380
makes reportable contributions to or expenditures in support of or 381
in opposition to a municipal ballot measure shall file all reports 382
required by this article in the office of the municipal clerk of 383
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the municipality in which the election occurs, or directly to the 384
Office of the Secretary of State * * *. The municipal clerk shall 385
forward copies of all reports to the Office of the Secretary of 386
State. 387
(d) The Secretary of State, the circuit clerks and the 388
municipal clerks shall make all reports received under this 389
subsection available for public inspection and copying and shall 390
preserve the reports for a period of five (5) years. 391
[From and after January 1, 2027, this section shall read as 392
follows:] 393
23-15-805. (a) Candidate committees for state, state 394
district, and legislative district offices, and every political 395
committee that makes reportable contributions to or expenditures 396
in support of or in opposition to a candidate for any such office 397
or makes reportable contributions to or expenditures in support of 398
or in opposition to a statewide ballot measure shall file all 399
reports required under this chapter with the Office of the 400
Secretary of State through the Secretary of State's online filing 401
system. 402
(b) Candidate committees for county or county district 403
office, and every political committee, which makes reportable 404
contributions to or expenditures in support of or in opposition to 405
a candidate for such office or makes reportable contributions to 406
or expenditures in support of or in opposition to a countywide 407
ballot measure or a ballot measure affecting part of a county, 408
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excepting a municipal ballot measure, shall file all reports 409
required by this section in the office of the circuit clerk 410
through the Secretary of State's online filing system. The 411
Secretary of State shall ensure the circuit clerk, or their 412
designees, are properly trained on the utilization of the online 413
filing system and have access to the system. 414
(c) Candidates for municipal office, and every political 415
committee that makes reportable contributions to or expenditures 416
in support of or in opposition to a candidate for such office, or 417
makes reportable contributions to or expenditures in support of or 418
in opposition to a municipal ballot measure shall file all reports 419
required by this article in the office of the municipal clerk of 420
the municipality in which the election occurs through the 421
Secretary of State's online filing system. The Secretary of State 422
shall ensure the municipal clerks, or their designees, are 423
properly trained on the utilization of the online filing system 424
and have access to the system. 425
(d) The Secretary of State, the circuit clerks and the 426
municipal clerks shall make all reports received under this 427
subsection available for public inspection and copying and shall 428
preserve the reports for a period of five (5) years. 429
(e) Any candidate committee or political committee required 430
to file their campaign finance report through the Secretary of 431
State's online filing system shall not be required to submit a 432
report via the Secretary of State's online filing system if they 433
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submit an affidavit that they do not have Internet access with the 434
Secretary of State. The affidavit must be submitted yearly and 435
will be made available with other campaign finance reports. In 436
the event of the failure of the online filing system that 437
reasonably prevents a candidate committee or political committee 438
from filing a required report, the Secretary of State shall allow 439
for the filing of reports via facsimile, electronic mail, postal 440
mail or hand delivery and make such forms available to candidate 441
committees and political committees for such filings. 442
(f) The Secretary of State shall maintain a central site on 443
the Internet to make accessible to the public and searchable all 444
publicly available election-related reports and information. 445
Reports shall be searchable by the identifiable variables on the 446
report, including, but not limited to, candidate, office sought, 447
itemized contribution, itemized expenditure, amount of 448
contribution and amount of expenditure. In this section, the term 449
"election-related report" means any report, designation or 450
statement required to be filed under this chapter after January 1, 451
2027. 452
SECTION 4. Section 23-15-807, Mississippi Code of 1972, is 453
amended as follows: 454
23-15-807. (a) Each candidate committee or political 455
committee shall file reports of contributions and disbursements in 456
accordance with the provisions of this section. All * * * 457
candidate committees or political committees required to report 458
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such contributions and disbursements may terminate the obligation 459
to report only upon submitting a final report that contributions 460
will no longer be received or disbursements made, the committee 461
does not carry a cash-on-hand balance, and that the * * * 462
committee has no outstanding debts or obligations. The candidate, 463
treasurer or chief executive officer shall sign the report. 464
(b) Candidate committees for candidates seeking election, or 465
nomination for election, and political committees making 466
expenditures * * * in the relevant election cycles or having so 467
designated on their statement of organization, shall file the 468
following reports: 469
(i) In any calendar year during which there is a 470
regularly scheduled primary election, general election or special 471
election, a pre-election report shall be filed no later than the 472
seventh day before any election in which the candidate or 473
political committee has accepted contributions or made 474
expenditures and shall be completed as of the tenth day before the 475
election; 476
(ii) In * * * the year in which the Governor is 477
elected, which shall be designated as the gubernatorial election 478
cycle on the statement of organization as required by Section 479
23-15-803, periodic reports shall be filed no later than the tenth 480
day after April 30, May 31, June 30, September 30 and December 31, 481
and shall be completed as of the last day of each period; 482
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(iii) In any calendar * * * year in which the candidate 483
is not running for office, a report covering the calendar year 484
shall be filed no later than January 31 of the following calendar 485
year; and 486
(iv) Except as otherwise provided in the requirements 487
of paragraph (i) of this subsection (b), unopposed candidates are 488
not required to file pre-election reports but must file all other 489
reports required by paragraphs (ii) and (iii) of this subsection 490
(b). 491
(c) All * * * candidate committees for judicial office, as 492
defined in Section 23-15-975, * * * shall file periodic reports in 493
the year in which they are to be elected, which shall be 494
designated as the judicial election cycle on the statement of 495
organization required by Section 23-15-803, no later than the 496
tenth day after April 30, May 31, June 30, July 31, August 31, 497
September 30 and December 31. * * * All candidate committees for 498
judicial candidates shall file an annual report in accordance with 499
subsection (b)(iii) of this section. 500
(i) In any calendar year during which there is a 501
regularly scheduled election or special election, a pre-election 502
report shall be filed no later than the seventh day before any 503
election in which the candidate committee or political committee 504
has accepted contributions or made expenditures and shall be 505
completed as of the tenth day before the election; 506
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(ii) In any calendar year in which the candidate is not 507
running for office, a report covering the calendar year shall be 508
filed no later than January 31 of the following calendar year; and 509
(iii) Except as otherwise provided in the requirements 510
of paragraph (i) of this subsection, unopposed candidates are not 511
required to file pre-election reports but must file all other 512
reports required by subsection (b)(ii) and (iii) of this section. 513
(d) Each report under this * * * chapter shall disclose: 514
(i) For the reporting period and the calendar year, the 515
total amount of all contributions and the total amount of all 516
expenditures of the candidate committee or reporting committee, 517
including those required to be identified pursuant to paragraph 518
(ii) of this subsection (d) as well as the total of all other 519
contributions and expenditures during the calendar year. The 520
reports shall be cumulative during the calendar year to which they 521
relate; 522
(ii) The identification of: 523
1. Each person, candidate committee or political 524
committee who makes a contribution to the reporting candidate 525
committee or political committee during the reporting period, 526
whose contribution or contributions within the calendar year have 527
an aggregate amount or value in excess of Two Hundred Dollars 528
($200.00) together with the date and amount of any such 529
contribution * * *. 530
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When making solicitations, committees and their treasurers 531
shall obtain and report the name, address, occupation and employer 532
of each contributor who gives more than Two Hundred Dollars 533
($200.00) in an election cycle. For each contribution received 534
aggregating in excess of Two Hundred Dollars ($200.00) per 535
calendar year lacking required contributor information, such as 536
the contributor's full name, mailing address, occupation or name 537
of employer, the treasurer shall, after the receipt of the 538
contribution, obtain the missing information. If the missing or 539
incomplete information is not received by the next reporting 540
deadline, the contribution shall be returned to the contributor or 541
remitted to the Secretary of State's office to be deposited into 542
the Election Support Fund. If the missing or incomplete 543
information is filed on an annual report, and the next report 544
required is an annual report, then the missing or incomplete 545
information must be submitted within thirty (30) days of the 546
reporting deadline of the report that the missing or incomplete 547
information was filed on. If the missing or incomplete 548
information is not corrected, then the contribution shall be 549
returned to the contributor or remitted to the Secretary of 550
State's office to be deposited into the Election Support Fund; and 551
2. Each person * * *, candidate committee, 552
organization, candidate or political committee who receives an 553
expenditure, payment or other transfer from the reporting 554
candidate committee, political committee or its agent, employee, 555
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designee, contractor, consultant or other person or persons 556
acting * * * on its behalf during the reporting period when the 557
expenditure, payment or other transfer to the person, 558
organization, candidate or political committee within the calendar 559
year have an aggregate value or amount in excess of Two Hundred 560
Dollars ($200.00) together with the date, purpose and amount of 561
the expenditure * * *. 562
If the candidate committee or political committee has 563
received any service, performance or anything of value during a 564
reporting period but has yet to make payment or other transfer, 565
the service, performance or anything of value received in exchange 566
for a future payment or other transfer shall be reported during 567
the reporting period for what would otherwise be an expenditure it 568
was received with a designation that a payment or other transfer 569
is to be made at a later date; 570
(iii) Any interest, dividends or income earned by 571
investment of monies held by a campaign committee or political 572
committee shall not be reported as a contribution but shall be 573
reported as a separate category; 574
( * * *iv) The total amount of cash on hand of each 575
reporting candidate and reporting political committee; 576
( * * *v) In addition to the contents of reports 577
specified in paragraphs (i), (ii) * * *, (iii) and (iv) of this 578
subsection (d), each political party shall disclose: 579
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1. Each person, candidate committee or political 580
committee who makes a contribution to a political party during the 581
reporting period and whose contribution or contributions to a 582
political party within the calendar year have an aggregate amount 583
or value in excess of Two Hundred Dollars ($200.00), together with 584
the date and amount of the contribution; 585
2. Each person, candidate committee or 586
organization who receives an expenditure or expenditures * * * to 587
the person or organization within the calendar year have an 588
aggregate value or amount in excess of Two Hundred Dollars 589
($200.00), together with the date, purpose and amount of the 590
expenditure; 591
( * * *vi) Disclosure required under this section of an 592
expenditure to a credit card issuer, financial institution or 593
business allowing payments and money transfers to be made over the 594
Internet must include, by way of detail or separate entry, the 595
amount of funds passing to each person, business entity or 596
organization receiving funds from the expenditure * * * that would 597
have otherwise been required to be itemized under subsection 598
(d)(ii); 599
(vii) Disclosure required under this section of a 600
contribution from a financial institution or business allowing 601
payments and money transfers to be made over the Internet must 602
include, by way of detail or separate entry, the amount of funds 603
passing from each person, business entity or organization 604
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contributing funds that would have otherwise been required to be 605
itemized under subsection (d)(ii); 606
(viii) Anonymous contributions shall not be accepted. 607
Any anonymous contributions shall be returned to the donor if 608
possible. If not possible, such funds shall be remitted to the 609
Secretary of State within five (5) days of receipt to be deposited 610
into the Election Support Fund. 611
(e) Each report required under this section shall include a 612
penalty of perjury certification, signed by the candidate or the 613
chair or treasurer of the political committee or candidate 614
committee, that the information included in the report is true, 615
accurate and complete to the best of the signer's knowledge. 616
( * * *f) The appropriate office specified in Section 617
23-15-805 must be in actual receipt of the reports specified in 618
this * * * chapter by 5:00 p.m. on the dates specified in 619
subsection (b) of this section. If the date specified in 620
subsection (b) of this section shall fall on a weekend or legal 621
holiday then the report shall be due in the appropriate office at 622
5:00 p.m. on the first working day before the date specified in 623
subsection (b) of this section. The reporting candidate committee 624
or reporting political committee shall ensure that the reports are 625
delivered to the appropriate office by the filing deadline. The 626
Secretary of State may approve specific means of electronic 627
transmission of completed campaign finance disclosure reports, 628
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which may include, but not be limited to, transmission by 629
electronic facsimile (FAX) devices. 630
( * * *g) (i) If any contribution of more than Two Hundred 631
Dollars ($200.00) is received by a candidate * * * committee after 632
the tenth day and is not reported on the pre-election report, but 633
more than forty-eight (48) hours before 12:01 a.m. of the day of 634
the election, the candidate committee or political committee shall 635
notify the appropriate office designated in Section 23-15-805, 636
within forty-eight (48) hours of receipt of the contribution. The 637
notification shall include: 638
1. The name of the receiving candidate committee, 639
if any; 640
2. The name of the receiving * * * candidate; 641
3. The office sought by the candidate; 642
4. The identification of the contributor; 643
5. The date of receipt; 644
6. The amount of the contribution; 645
7. If the contribution is in-kind, a description 646
of the in-kind contribution; and 647
8. The signature of the candidate or the treasurer 648
or chair of the * * * candidate committee. 649
(ii) 1. From July 1, 2026, until January 1, 2027, this 650
paragraph (ii) shall read as follows: 651
The notification shall be in writing, and may be transmitted 652
electronically, by overnight mail, courier service, or other 653
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reliable means, including electronic facsimile (FAX), but the 654
candidate or candidate's committee shall ensure that the 655
notification shall in fact be received in the appropriate office 656
designated in Section 23-15-805 within forty-eight (48) hours of 657
the contribution. 658
2. From and after January 1, 2027, this paragraph 659
(ii) shall read as follows: 660
The notification shall be in writing, and be transmitted to 661
the appropriate office under Section 23-15-805 via the Secretary 662
of State's online filing system. The candidate or candidate's 663
committee shall ensure that the notification shall in fact be 664
received in the appropriate office designated in Section 23-15-805 665
within forty-eight (48) hours of the contribution. 666
(h) (i) If any expenditure of more than Two Hundred Dollars 667
($200.00) is made by a candidate committee or political committee 668
after the tenth day and is not reported on the pre-election 669
report, but more than forty-eight (48) hours before 12:01 a.m. of 670
the day of the election, the candidate committee or political 671
committee shall notify the appropriate office designated in 672
Section 23-15-805, within forty-eight (48) hours of making the 673
expenditure. The notification shall include: 674
1. The name of the candidate committee making the 675
expenditure; 676
2. The name of the candidate; 677
3. The office sought by the candidate; 678
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4. The identification of the entity receiving the 679
expenditure; 680
5. The date of expenditure; 681
6. The purpose of the expenditure; 682
7. The amount of the expenditure; and 683
8. The signature of the candidate or the treasurer 684
or chair of the candidate committee. 685
(ii) 1. From July 1, 2026, until January 1, 2027, this 686
paragraph (ii) shall read as follows: 687
The notification shall be in writing, and may be transmitted 688
electronically, by overnight mail, courier service, or other 689
reliable means, including electronic facsimile (FAX), but the 690
candidate committee shall ensure that the notification shall in 691
fact be received in the appropriate office designated in Section 692
23-15-805 within forty-eight (48) hours of the expenditure. 693
2. From and after January 1, 2027, this paragraph 694
(ii) shall read as follows: 695
The notification shall be in writing and be transmitted to 696
the appropriate office under Section 23-15-805 via the Secretary 697
of State's online filing system. The candidate or candidate's 698
committee shall ensure that the notification shall in fact be 699
received by the appropriate office designated in Section 23-15-805 700
within forty-eight (48) hours of the contribution. 701
A candidate committee or political committee may not accept 702
cash contributions in an amount or value more than One Thousand 703
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Dollars ($1,000.00) in the aggregate during a calendar year from a 704
contributor. 705
SECTION 5. Section 23-15-809, Mississippi Code of 1972, is 706
amended as follows: 707
23-15-809. (a) Every person who makes independent 708
expenditures in an aggregate amount or value in excess of Two 709
Hundred Dollars ($200.00) during a calendar year shall file a 710
statement containing the information required under Section 711
23-15-807. Such statement shall be filed with the appropriate 712
offices as provided for in Section 23-15-805, and such person 713
shall be considered a political committee for the purpose of 714
determining place of filing. 715
(b) Statements required to be filed by this subsection shall 716
include: 717
(i) Information indicating whether the independent 718
expenditure is in support of, or in opposition to, the candidate 719
involved; 720
(ii) Under penalty of perjury, a certification of 721
whether or not such independent expenditure is made in 722
cooperation, consultation or concert with, or at the request or 723
suggestion of, any candidate or any authorized committee or agent 724
of such candidate; and 725
(iii) The identification of each person who made a 726
contribution in excess of Two Hundred Dollars ($200.00) to the 727
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person filing such statement which was made for the purpose of 728
furthering an independent expenditure. 729
(c) Persons making such expenditures must ensure that the 730
receiving entity receives the report or statement by close of 731
business on the second business day following the date on which 732
the expenditure is made, or the communication is publicly 733
distributed or otherwise publicly disseminated, whichever occurs 734
first. 735
(d) A person failing to file reports required under 736
subsection (c) shall be subject to the same civil penalties as 737
candidate committees and political committees under Section 738
23-15-813. 739
SECTION 6. Section 23-15-811, Mississippi Code of 1972, is 740
amended as follows: 741
23-15-811. (a) Any candidate, an authorized representative 742
of a candidate committee or any other person who willfully 743
violates the provisions and prohibitions of this * * * chapter 744
shall be guilty of a misdemeanor and upon conviction shall be 745
punished by a fine in a sum not to exceed * * * Five Thousand 746
Dollars ($5,000.00) or imprisoned for not longer than * * * one 747
(1) year, or by both fine and imprisonment. 748
(b) In addition to the penalties provided in subsection (a) 749
of this section and Chapter 13, Title 97, Mississippi Code of 750
1972, any candidate committee or political committee which is 751
required to file a statement or report and fails to file the 752
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statement or report on the date it is due may be compelled to file 753
the statement or report by an action in the nature of a mandamus 754
brought by the * * * Attorney General's Office. The Attorney 755
General and the Secretary of State shall discuss the disposition 756
of the matter if a mandamus action is not pursued. Such 757
communication shall be privileged and shall not be subject to 758
inspection, examination, copying or reproduction under the 759
Mississippi Public Records Act of 1983. 760
(c) No candidate shall be certified as nominated for 761
election or as elected to office until * * * his or her candidate 762
committee files all reports required by this * * * chapter that 763
are due as of the date of certification. 764
(d) No person shall be qualified to appear on the ballot if, 765
by the time the candidate is approved to appear on the ballot for 766
the office sought, * * * his or her candidate committee has failed 767
to file all reports required to be filed within the last five (5) 768
years. 769
(e) No candidate who is elected to office shall receive any 770
salary or other remuneration for the office until * * * his or her 771
candidate committee files all reports required by this * * * 772
chapter that are due as of the date the salary or remuneration is 773
payable. 774
(f) In the event that a candidate committee fails to timely 775
file any report required pursuant to this * * * chapter but 776
subsequently files a report or reports containing all of the 777
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information required to be reported and pays any assessed fines, 778
the candidate shall not be subject to the sanctions of subsections 779
(c) and (d) of this section. 780
SECTION 7. Section 23-15-813, Mississippi Code of 1972, is 781
amended as follows: 782
23-15-813. (a) In addition to any other penalty permitted 783
by law, the * * * Secretary of State shall require any candidate 784
committee or political committee, as identified in Section 785
23-15-805(a), and any other political committee registered with 786
the Secretary of State, who fails to file a campaign finance 787
disclosure report as required under Sections 23-15-801 through 788
23-15-813, or Sections 23-17-47 through 23-17-53, or who shall 789
file a report that fails to substantially comply with the 790
requirements of Sections 23-15-801 through 23-15-813, or Sections 791
23-17-47 through 23-17-53, to be assessed a civil penalty as 792
follows: 793
(i) Within * * * two (2) calendar days after any 794
deadline for filing a report pursuant to Sections 23-15-801 795
through 23-15-813, except Section 23-15-807(b)(i), or Sections 796
23-17-47 through 23-17-53, the Secretary of State shall compile a 797
list of those * * * candidate committees and political committees 798
who have failed to file a report. * * * The Secretary of State 799
shall provide each candidate committee or political committee, who 800
has failed to file a report, notice of the failure by electronic 801
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mail, and if electronic mail is not available, then by first-class 802
mail. 803
(ii) Beginning with the * * * fifth calendar day after 804
which any periodic or annual report is due, the * * * Secretary of 805
State shall assess the delinquent candidate committee and 806
political committee a civil penalty * * * for each day or part of 807
any day until a valid report is delivered to the Secretary of 808
State, up to a maximum of ten (10) days. * * * If the fifth 809
calendar day falls on a Saturday, Sunday or legal holiday, fine 810
assessment shall begin the next business day. The Secretary of 811
State shall accept reports on a Saturday, Sunday or legal holiday 812
if filed electronically with a timestamp. 813
1. Candidate committees for statewide office shall 814
be assessed a civil penalty of One Thousand Dollars ($1,000.00) 815
for each day. 816
2. Candidate committees for state district office 817
shall be assessed a civil penalty of Five Hundred Dollars 818
($500.00) for each day. 819
3. Candidate committees for legislative office 820
shall be assessed a civil penalty of Two Hundred Fifty Dollars 821
($250.00) for each day. 822
4. Political committees shall be assessed a civil 823
penalty of One Thousand Dollars ($1,000.00) for each day. 824
(b) (i) Within two (2) calendar days after any deadline for 825
filing a pre-election report pursuant to Section 23-15-807(b)(i), 826
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the Secretary of State shall compile a list of those candidates 827
and political committees who have failed to file a report. The 828
Secretary of State shall provide each candidate or political 829
committee, who has failed to file a report, notice of the failure 830
by electronic mail, but if electronic mail is not available, by 831
first-class mail. 832
(ii) Beginning with the third calendar day after which 833
any pre-election report is due, the Secretary of State shall 834
assess the delinquent candidate committee and political committee 835
a civil penalty for each day or part of any day until a valid 836
report is delivered to the Secretary of State, up to a maximum of 837
ten (10) days. The Secretary of State shall accept reports on 838
Saturdays, Sundays and legal holidays if filed electronically with 839
a timestamp. 840
1. Candidate committees for statewide office shall 841
be assessed a civil penalty of One Thousand Dollars ($1,000.00) 842
for each day. 843
2. Candidate committees for state district office 844
shall be assessed a civil penalty of Five Hundred Dollars 845
($500.00) for each day. 846
3. Candidate committees for legislative office 847
shall be assessed a civil penalty of Two Hundred Fifty Dollars 848
($250.00) for each day. 849
4. Political committees shall be assessed a civil 850
penalty of One Thousand Dollars ($1,000.00) for each day. 851
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5. If any candidate that is required to file a 852
report to the Secretary of State has not filed a pre-election 853
report by 5:00 p.m., the Secretary of State shall compile a list 854
of those candidates and disseminate it to the members of the 855
Mississippi Press Association. 856
( * * *c) Filing of the required report and payment of the 857
fine within ten (10) calendar days of notice by the Secretary of 858
State that a required statement has not been filed constitutes 859
compliance with Sections 23-15-801 through 23-15-813, or Sections 860
23-17-47 through 23-17-53. 861
( * * *d) Payment of the fine without filing the required 862
report does not excuse or exempt any person from the filing 863
requirements of Sections 23-15-801 through 23-15-813, and Sections 864
23-17-47 through 23-17-53. 865
( * * *e) If any candidate committee or political committee 866
is assessed a civil penalty, and the penalty is * * * 867
subsequently * * * appealed, the candidate committee or political 868
committee shall pay the fine to the * * * Secretary of State 869
within * * * sixty (60) days of the date of the assessment of the 870
fine. The fine shall be deposited into the Elections Support 871
Fund. If, after * * * ninety (90) days of the assessment of the 872
fine the payment for the entire amount of the assessed fine has 873
not been received by the * * * Secretary of State, the * * * 874
Secretary of State shall notify the Attorney General of the 875
delinquency, and the Attorney General shall file, where necessary, 876
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a suit to compel payment of the civil penalty. The Attorney 877
General and the Secretary of State shall discuss the disposition 878
of the matter if a suit to compel payment is not filed. Such 879
communication shall be privileged and shall not be subject to 880
inspection, examination, copying or reproduction under the 881
Mississippi Public Records Act of 1983. 882
( * * *f) (i) * * * In the event the candidate committee or 883
political committee appeals, the appeal shall be to the Circuit 884
Court of Hinds, Madison or Rankin County * * *. The appeal shall 885
be taken within thirty (30) calendar days after notice of the 886
decision of the * * * fine by the Secretary of State. The appeal 887
shall be perfected upon filing notice of the appeal and the 888
prepayment of all costs, * * * and filing a bond in the sum of Two 889
Hundred Dollars ($200.00), conditioned that if the decision of 890
the * * * Secretary of State is affirmed by the court, the 891
candidate or political committee will pay the costs of the appeal 892
and the action in court. * * * 893
(ii) If there is an appeal, the appeal shall act as a 894
supersedeas. The court shall dispose of the appeal and enter its 895
decision promptly. The hearing on the appeal may be tried in 896
vacation, in the court's discretion. * * * The decision of the 897
court may be appealed to the Supreme Court in the manner provided 898
by law. 899
* * * 900
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( * * *g) If, after twenty (20) calendar days of the date 901
upon which a campaign finance disclosure report is due, a 902
candidate committee or political committee identified in 903
subsection (a) or (b) of this section shall not have filed a valid 904
report with the Secretary of State, the Secretary of State shall 905
notify the Attorney General of those candidates and political 906
committees who have not filed a valid report, and the Attorney 907
General shall prosecute the delinquent candidates and political 908
committees. 909
SECTION 8. Section 23-15-815, Mississippi Code of 1972, is 910
amended as follows: 911
23-15-815. * * * (1) It shall be the duty and power of the 912
Secretary of State: 913
(a) To prescribe forms of statements and other 914
information required to be filed by this chapter, to furnish such 915
forms to the county circuit clerks and municipal clerks and 916
individuals, or others required to file such statements and 917
information, and to prepare and publish on the Secretary of 918
State's website a manual setting forth the provisions of this 919
chapter. 920
(b) The Secretary of State, circuit clerks and 921
municipal clerks shall, within forty-eight (48) hours after the 922
time of the receipt by the appropriate office of reports and 923
statements filed with it, make them available for public 924
inspection, and copying at the expense of the person requesting 925
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such copying, and keep such designations, reports and statements 926
for a period of five (5) years from the date of receipt. 927
(c) To accept and file any information voluntarily 928
supplied that exceeds the requirements of this article, subject to 929
redaction of nonpublic information. 930
(d) To publish an annual report detailing the year's 931
campaign finance activity, including, but not limited to, the 932
number of reports filed, fines assessed, fines collected, and a 933
summary of any issues reported and investigated. 934
(e) The Secretary of State shall inspect or cause to be 935
inspected each statement of organization or report filed with the 936
Secretary of State under this chapter within ten (10) days after 937
the date it is filed. The Secretary of State shall notify, no 938
more than ten (10) days and at least five (5) days before each 939
report is due, each candidate or treasurer whose statement of 940
organization has been filed, of the specific date each report is 941
due. He or she shall immediately notify any individual, 942
candidate, treasurer, political committee, referendum committee or 943
other entity that may be required to file a statement under this 944
chapter if: 945
(i) It appears that the individual, candidate, 946
treasurer, political committee, referendum committee or other 947
entity has failed to file a statement or report as required by law 948
or that a statement or report filed does not conform to this 949
article; or 950
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(ii) A written complaint is filed under oath with 951
the Secretary of State by any registered candidate or authorized 952
representative of a candidate or political party of this state 953
alleging that a statement or report filed with the Secretary of 954
State does not conform to this chapter or to the truth, or that an 955
individual, candidate, treasurer, political committee, referendum 956
committee or other entity has failed to file a statement required 957
by this chapter. The entity that is the subject of the complaint 958
shall be given an opportunity to respond to the complaint within 959
five (5) business days before any action is taken requiring 960
compliance. 961
(f) The Secretary of State shall promulgate rules and 962
regulations to effectuate a written complaint and response process 963
as outlined in paragraph (e) of this subsection. 964
(2) To make investigations to the extent the Secretary of 965
State deems necessary with respect to statements and reports filed 966
under the provisions of this chapter and with respect to alleged 967
failures to file any statement or reports required under the 968
provisions of this chapter and, upon complaint, signed and sworn 969
under oath or affirmation, by any registered candidate or 970
authorized representative of a candidate or political party, with 971
respect to alleged violations of any part of this chapter. The 972
Secretary of State may also make investigations into the failure 973
to report by any candidate committee or political committee that 974
is required to file with the Secretary of State and has not done 975
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so by the end of the fine period set forth in Section 23-15-807. 976
All investigations shall be confidential, and no investigation 977
shall be initiated more than four (4) years from the earliest of 978
the following dates: 979
(a) The facts constituting the violation are known to 980
the Secretary of State; 981
(b) The facts constituting the violation can be 982
determined from the public record; or 983
(c) The complainant knew or should have known of the 984
conduct upon which the complaint is based. 985
(3) In conducting an investigation, the Secretary of State 986
may: 987
(a) (i) Conduct civil investigations within or outside 988
of this state which the Secretary of State considers necessary or 989
appropriate to determine whether a person has violated, is 990
violating, or is about to violate this chapter or a rule adopted, 991
or order issued under this chapter, or to aid in the enforcement 992
of this chapter or in the adoption of rules and forms under this 993
chapter; or 994
(ii) Require or permit a person to testify, file a 995
statement or produce a record, under oath or otherwise as the 996
Secretary of State determines, as to all the facts and 997
circumstances concerning a matter to be investigated or about 998
which an action or proceeding is to be instituted; or 999
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(iii) Administer oaths and affirmations, subpoena 1000
witnesses, seek compulsion of attendance, take evidence, require 1001
the filing of statements, and require the production of any 1002
records that the Secretary of State considers relevant or material 1003
to the investigation. 1004
(b) Apply to the Circuit Court of Hinds County, Madison 1005
County or Rankin County, or a court of another state, to enforce 1006
compliance if a person does not appear or refuses to testify, file 1007
a statement, produce records, or otherwise does not obey a 1008
subpoena as required by the Secretary of State under this chapter. 1009
The court may: 1010
(i) Hold the person in contempt; 1011
(ii) Order the person to appear before the 1012
administrator; 1013
(iii) Order the person to testify about the matter 1014
under investigation or in question; 1015
(iv) Order the production of records; 1016
(v) Grant injunctive relief, including restricting 1017
or prohibiting the offer or sale of securities or the providing of 1018
investment advice; and 1019
(vi) Grant any other necessary or appropriate 1020
relief. 1021
(4) The Secretary of State shall report any suspected 1022
criminal violations of this chapter to the Attorney General that 1023
are found as a result of a civil investigation under this chapter. 1024
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Such communication shall be privileged and shall not be subject to 1025
inspection, examination, copying or reproduction under the 1026
Mississippi Public Records Act of 1983. 1027
(5) To prescribe and furnish forms of reports and other 1028
material to the county circuit clerk for distribution to 1029
candidates and committees required to be filed with the county. 1030
(6) To prescribe and furnish forms of reports and other 1031
material to the municipal clerk for distribution to candidates and 1032
committees required to be filed with the municipality. 1033
(7) To instruct the county and municipal election officials 1034
as to their respective duties and responsibilities relative to the 1035
administration of this chapter. 1036
(8) To establish a process for determination as to whether 1037
communication is a contribution, expenditure, or independent 1038
expenditure prior to the airing or distribution of that 1039
communication when so requested to an individual or person 1040
producing a communication. 1041
(9) To publish guidelines for filing of the required 1042
statements and reports. 1043
(10) When the Secretary of State is a candidate for office, 1044
the Mississippi Ethics Commission shall have the same duties and 1045
protections under subsections (2) through (4) in regard to all 1046
candidates seeking the same office as the Secretary of State. 1047
SECTION 9. Section 23-15-817, Mississippi Code of 1972, is 1048
amended as follows: 1049
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23-15-817. The Secretary of State shall compile a list of 1050
all candidates for the Legislature or any statewide or state 1051
district office who fail to file a campaign disclosure report by 1052
the dates specified in Section 23-15-807(b). The * * * Attorney 1053
General, on behalf of the Secretary of State, shall have the 1054
authority to bring a mandamus as provided in Section 23-15-811 or 1055
take any other disciplinary action as provided in this chapter. 1056
The list shall also be disseminated to the members of the 1057
Mississippi Press Association within two (2) working days after 1058
such periodic reports are due and made available to the public. 1059
Lists for pre-election reports shall be made available by 7:00 1060
p.m. on the due date indicating those who have not filed. 1061
SECTION 10. Section 23-15-819, Mississippi Code of 1972, is 1062
amended as follows: 1063
23-15-819. (1) It shall be unlawful for a foreign national, 1064
directly or through any other person, to make any contribution or 1065
any expenditure of money or other thing of value, or to promise 1066
expressly or impliedly to make any such contribution or 1067
expenditure, in connection with an election to any political 1068
office or in connection with any primary election, convention or 1069
caucus held to select candidates for any political office. 1070
(2) It shall be unlawful for a foreign national, directly or 1071
through any other person, to make any contribution or any 1072
expenditure of money or other thing of value, or to promise 1073
expressly or impliedly to make any such contribution or 1074
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expenditure, in connection with an election for any constitutional 1075
amendment, local ballot measure, ballot referendum, or other 1076
similar measures. 1077
( * * *3) No person shall knowingly solicit, accept or 1078
receive any such contribution from a foreign national, and no 1079
person shall knowingly aid or facilitate a violation of subsection 1080
(1) or (2) of this section. 1081
( * * *4) The term "foreign national" means: 1082
(a) A foreign national as defined in 22 USCS 611(b), 1083
except that the terms "foreign national" does not include any 1084
individual who is a citizen of the United States; or 1085
(b) An individual who is not a citizen of the United 1086
States and who is not lawfully admitted for permanent residence. 1087
(5) Any person who knowingly violates this section shall be 1088
guilty of a misdemeanor and upon conviction shall be punished by a 1089
fine in a sum equal to three (3) times the amount involved in the 1090
violation or Ten Thousand Dollars ($10,000.00), whichever amount 1091
is greater, or imprisoned for not longer than six (6) months, or 1092
by both fine and imprisonment. The payment of such fine may not 1093
be paid from any campaign contributions. 1094
(6) If an unlawful contribution by a foreign national is 1095
unknowingly received, the value of the unlawful contribution shall 1096
be paid to the Secretary of State within thirty (30) days of 1097
discovery. Any person who fails to remit payment to the Secretary 1098
of State within thirty (30) days shall be subject to the penalties 1099
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set forth in subsection (5). The Secretary of State shall remit 1100
any payment received to the Election Support Fund. 1101
SECTION 11. Section 23-15-821, Mississippi Code of 1972, is 1102
amended as follows: 1103
23-15-821. (1) The personal use of campaign contributions 1104
by any elected public officeholder or by any candidate for public 1105
office is prohibited. Personal use of campaign contributions by a 1106
political committee or a member of a political committee are also 1107
prohibited. 1108
(a) For the purposes of this section, "personal use" is 1109
defined as any use, other than expenditures related to gaining or 1110
holding public office, or performing the functions and duties of 1111
public office, for which the candidate for public office or 1112
elected public official would be required to treat the amount of 1113
the expenditure as gross income under Section 61 of the Internal 1114
Revenue Code of 1986, 26 USC Section 61, or any subsequent 1115
corresponding Internal Revenue Code of the United States, as from 1116
time to time amended. "Personal use" shall not include donations 1117
to a political organization, or to a political action committee, 1118
or to another candidate. 1119
(b) "Candidate" shall mean any individual described in 1120
Section 23-15-801(b), and shall include any person having been a 1121
candidate until such time that the person takes office or files a 1122
termination report as provided in this section. 1123
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(c) "Officeholder" shall mean any elected or appointed 1124
official from the beginning of his or her term of office until 1125
that person no longer holds office. 1126
(2) The following personal use expenditures are specifically 1127
prohibited under this section: 1128
(a) Any residential or household items, supplies or 1129
expenditures, including mortgage, rent or utility payments for any 1130
part of any personal residence where a homestead exemption is 1131
claimed of a candidate or officeholder or a member of the 1132
candidate's or officeholder's family; 1133
(b) Mortgage, rent or utility payments for any part of 1134
any nonresidential property that is owned by a candidate or 1135
officeholder or a member of a candidate's or officeholder's family 1136
and used for campaign purposes, to the extent the payments exceed 1137
the fair market value of the property usage; 1138
(c) Funeral, cremation or burial expenses within a 1139
candidate's or officeholder's family; 1140
(d) Clothing, other than items of de minimis value that 1141
are used for gaining or holding public office or performing the 1142
functions and duties of public office; 1143
(e) Automobiles, except for automobile rental expenses 1144
and other automobile expenses related to gaining or holding public 1145
office or performing the functions and duties of public office; 1146
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(f) Tuition payments within a candidate's or 1147
officeholder's family other than those associated with training 1148
campaign staff or associated with an officeholder's duties; 1149
(g) Salary payments to a member of a candidate's 1150
family, unless the family member is providing bona fide services 1151
to the campaign. If a family member provides bona fide services 1152
to a campaign, any salary payments in excess of the fair market 1153
value of the services provided is personal use; 1154
(h) Nondocumented loans of any type, including loans to 1155
candidates; 1156
(i) Travel expenses except for travel expenses of a 1157
candidate, officeholder or staff member of the officeholder for 1158
travel undertaken as an ordinary and necessary expense of gaining 1159
or holding public office, or performing the functions and duties 1160
of public office or for attending meetings or conferences of 1161
officials similar to the office held or sought, or for an issue 1162
the legislative body is or will consider, or attending a state or 1163
national convention of any party. If a candidate or officeholder 1164
uses campaign contributions to pay expenses associated with travel 1165
that involves both personal activities and activities related to 1166
gaining or holding public office or performing the functions and 1167
duties of public office, the incremental expenses that result from 1168
the personal activities are personal use, unless the person(s) 1169
benefiting from this use reimburse(s) the campaign account within 1170
thirty (30) days for the amount of the incremental expenses; and 1171
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(j) Payment of any fines, fees or penalties assessed 1172
pursuant to Mississippi law, except those civil penalties levied 1173
under this title against a political committee may be paid using 1174
campaign contributions. 1175
(3) Any expense that reasonably relates to gaining or 1176
holding public office, or performing the functions and duties of 1177
public office, is a specifically permitted use of campaign 1178
contributions. Such expenditures are not considered personal use 1179
expenditures and may include, but are not limited to, the 1180
following expenditures: 1181
(a) The defrayal of ordinary and necessary expenses of 1182
a candidate or officeholder, including expenses reasonably related 1183
to performing the duties of the office held or sought to be held; 1184
(b) Campaign office or officeholder office expenses and 1185
equipment, provided the expenditures and the use of the equipment 1186
can be directly attributable to the campaign or office held; 1187
(c) Donations to charitable organizations, 1188
not-for-profit organizations or for sponsorships, provided the 1189
candidate or officeholder does not receive monetary compensation, 1190
other than reimbursements of expenses, from the recipient 1191
organization; 1192
(d) Gifts of nominal value and donations of a nominal 1193
amount made on a special occasion such as a holiday, graduation, 1194
marriage, retirement or death, unless made to a member of the 1195
candidate's or officeholder's family; 1196
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(e) Meal and beverage expenses which are incurred as 1197
part of a campaign activity or as a part of a function that is 1198
related to the candidate's or officeholder's responsibilities, 1199
including meals between and among candidates and/or officeholders 1200
that are incurred as an ordinary and necessary expense of seeking, 1201
holding or maintaining public office, or seeking, holding or 1202
maintaining a position within the Legislature or other publicly 1203
elected body; 1204
(f) Reasonable rental or accommodation expenses 1205
incurred by an officeholder during a legislative session or a day 1206
or days in which the officeholder is required by his or her duties 1207
to be at the Capitol or another location outside the 1208
officeholder's county of residence. Such rental or accommodation 1209
expenses shall not exceed Fifty Dollars ($50.00) per day, if the 1210
officeholder receives per diem, or One Hundred Ninety Dollars 1211
($190.00) per day, if the officeholder receives no per diem. Any 1212
expenses incurred under this paragraph (f) must be reported as an 1213
expenditure pursuant to this section; 1214
(g) Communication access expenses, including mobile 1215
devices and Internet access costs. Examples of communication 1216
access expenses include, but are not limited to, the following: 1217
captioning on television advertisements; video clips; sign 1218
language interpreters; computer-aided real-time (CART) services; 1219
and assistive listening devices; 1220
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(h) Costs associated with memberships to chambers of 1221
commerce and civic organizations; 1222
(i) Legal fees and costs associated with any civil 1223
action, criminal prosecution or investigation related to conduct 1224
reasonably related to the candidacy or performing the duties of 1225
the office held. 1226
(4) Upon filing the termination report required under 1227
Section 23-15-807 showing a Zero Dollar ($0.00) cash on hand 1228
balance, any campaign contributions not used to pay for the 1229
expenses of gaining or holding public office or performing the 1230
functions and duties of public office shall: 1231
* * * 1232
( * * *a) Be donated to a political organization, or to 1233
a political action committee, or to another candidate; 1234
( * * *b) Be transferred, in whole or in part, into a 1235
newly established political action committee or ballot question 1236
advocate; 1237
( * * *c) Be donated to a tax-exempt charitable 1238
organization as that term is used in Section 501(c)(3) of the 1239
Internal Revenue Code of 1986, 26 USC Section 501, or any 1240
subsequent corresponding Internal Revenue Code of the United 1241
States, as from time to time amended; 1242
( * * *d) Be donated to the State of Mississippi; or 1243
( * * *e) Be returned to a donor or donors. 1244
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(5) Any candidate for public office or any elected official 1245
who willfully violates this section shall be guilty of a 1246
misdemeanor and punished by a fine of One Thousand Dollars 1247
($1,000.00) and by a state assessment equal to the amount of 1248
misappropriated campaign contributions. The state assessment 1249
shall be deposited into the Public Employees' Retirement System. 1250
No fine or assessment imposed under this section shall be paid by 1251
a third party. 1252
(6) (a) Any contributions accruing to a candidate's or 1253
officeholder's campaign account before January 1, 2018, shall be 1254
exempt and not subject to the provisions of this section. All 1255
exempt contributions must be designated as exempt on all reports 1256
filed with the Secretary of State pursuant to the provisions of 1257
this chapter. 1258
(b) If a candidate has exempt campaign finance 1259
contributions and no longer holds office, the contributions shall 1260
be dispensed with and properly reported to the Secretary of 1261
State's office within one (1) year after leaving office. 1262
(7) The Mississippi Ethics Commission shall issue advisory 1263
opinions regarding any of the requirements set forth in this 1264
section. When any officeholder or candidate requests an advisory 1265
opinion, in writing, and has stated all of the facts to govern the 1266
opinion, and the Ethics Commission has prepared and delivered the 1267
opinion with references to the request, there shall be no civil or 1268
criminal liability accruing to or against any officeholder or 1269
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candidate who, in good faith, follows the direction of the opinion 1270
and acts in accordance with the opinion, unless a court of 1271
competent jurisdiction, after a full hearing, judicially declares 1272
that the opinion is manifestly wrong and without any substantial 1273
support. No opinion shall be given or considered if the opinion 1274
would be given after judicial proceedings have commenced. 1275
All advisory opinions issued pursuant to the provisions of 1276
this subsection (7) shall be made public and shall be issued 1277
within ninety (90) days of written request. The request for an 1278
advisory opinion shall be confidential as to the identity of the 1279
individual making the request. The Ethics Commission shall, so 1280
far as practicable and before making public * * * an advisory 1281
opinion issued under the provisions of * * * this subsection (7), 1282
make such deletions and changes thereto as may be necessary to 1283
ensure the anonymity of the public official and any other person 1284
named in the opinion. 1285
SECTION 12. Candidates shall disclose the identity of any 1286
individual or entity from which the candidate or the candidate's 1287
committee receives a loan or other extension of credit for use in 1288
his or her campaign and any cosigners for a loan or extension of 1289
credit. The candidate or the candidate's committee shall disclose 1290
how the loan or other extension of credit was used, and how and 1291
when the loan or other extension of credit is to be repaid and the 1292
method of repayment. The candidate or the candidate's committee 1293
shall disclose all loan documents related to such loans or 1294
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extensions of credit. The outstanding balance of any loan shall 1295
be reported separately on the reports required under section 1296
23-15-807. 1297
SECTION 13. (1) The candidate or treasurer of each 1298
candidate committee or political committee shall keep detailed 1299
accounts, current within not more than ten (10) business days 1300
after the date of receiving a contribution or making an 1301
expenditure, of all contributions received and all expenditures 1302
made by or on behalf of the candidate or committee. The candidate 1303
or treasurer shall also keep detailed accounts of all deposits and 1304
of all withdrawals made to the separate campaign depository 1305
account and of all interest earned on any such deposits. 1306
(2) Accounts kept by the candidate or treasurer of a 1307
political committee pursuant to this section may be inspected 1308
under reasonable circumstances before, during, or after the 1309
election to which the accounts refer by any authorized 1310
representative of the Secretary of State. The right of inspection 1311
may be enforced by appropriate writ issued by any court of 1312
competent jurisdiction. 1313
(3) Records of such accounts shall be preserved for four (4) 1314
years from the date of the contribution, expenditure, gift, 1315
investment or loan. If there are judicial proceedings, the record 1316
shall be retained as directed by the court. 1317
SECTION 14. (1) It shall be unlawful for any corporation, 1318
incorporated company or incorporated association, by whatever name 1319
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it may be known, incorporated or organized under the laws of any 1320
state, or for any servant, agent, employee or officer thereof, to 1321
give, donate, appropriate or furnish directly or indirectly, any 1322
money, security, funds or property of said corporation, 1323
incorporated company or incorporated association, in excess of One 1324
Thousand Dollars ($1,000.00) per calendar year for the purpose of 1325
aiding any political party or any candidate for any public office, 1326
or any candidate for any nomination for any public office of any 1327
political party, or to give, donate, appropriate or furnish, 1328
directly or indirectly, any money, security, funds or property of 1329
said corporation, incorporated company or association in excess of 1330
One Thousand Dollars ($1,000.00) to any committee or person as a 1331
contribution to the expense of any political party or any 1332
candidate, representative or committee of any political party or 1333
candidate for nomination by any political party, or any committee 1334
or other person acting on behalf of such candidate. The limit of 1335
One Thousand Dollars ($1,000.00) for contributions to political 1336
parties, candidates and committees or other persons acting on 1337
behalf of such candidates shall be an annual limitation applicable 1338
to each calendar year. The contribution limits of this subsection 1339
shall not apply to any independent expenditures made by any 1340
corporation, incorporated company, or incorporated association or 1341
an independent expenditure made by a political committee, other 1342
than a party political committee, receiving contributions from a 1343
corporation, incorporated company, or incorporated association. 1344
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(2) Any candidate committee, or political party which 1345
accepts contributions from any corporation, incorporated company 1346
or incorporated association, or agent, officer or employee 1347
violating any of the provisions of this section, shall be assessed 1348
a civil penalty for each day or part of any day beginning with the 1349
sixth calendar day after receipt of the contribution until the 1350
unlawful contribution is returned, up to a maximum of ten (10) 1351
days: 1352
(a) Candidates for statewide office shall be assessed a 1353
civil penalty of Five Hundred Dollars ($500.00) for each day. 1354
(b) Candidates for state district office shall be 1355
assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) 1356
for each day. 1357
(c) Candidates for legislative office shall be assessed 1358
a civil penalty of One Hundred Dollars ($100.00) for each day. 1359
(d) Political parties shall be assessed a civil penalty 1360
of One Hundred Dollars ($100.00) for each day. 1361
(3) The candidate committee or political party shall not be 1362
assessed a fine if the receiving entity returns the unlawful 1363
donation within five (5) days of receipt. Return date shall be 1364
the date of mailing or electronic transfer of funds. 1365
(4) The candidate shall be personally liable for the payment 1366
of the civil penalty assessment for nonjudicial candidates. The 1367
treasurer of any judicial candidate's authorized political 1368
committee shall be liable, and the chairman and treasurer of a 1369
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ST: Campaign finance law; revise various
provisions related to.
political party shall be jointly liable for any unlawful 1370
contributions. 1371
(5) (a) The candidate committee or political party shall 1372
not expend any contribution in excess of One Thousand Dollars 1373
($1,000.00) if received in violation of this section. Any 1374
candidate or any other person who willfully violates the 1375
provisions and prohibitions of this chapter shall be guilty of a 1376
misdemeanor and upon conviction shall be punished by a fine in a 1377
sum not to exceed Five Thousand Dollars ($5,000.00) or imprisoned 1378
for not longer than six (6) months, or by both fine and 1379
imprisonment. 1380
(b) Any corporate contribution in excess of the 1381
limitations of this section not returned within thirty (30) days 1382
of receipt shall be remitted to the Secretary of State to be 1383
deposited in the Election Support Fund. 1384
(6) The Attorney General shall bring such action at the 1385
request of the Secretary of State, and shall also take legal 1386
action as necessary for the collection of any levied assessments.1387
SECTION 15. Sections 97-13-15 and 97-13-17, Mississippi Code 1388
of 1972, which prohibit political contributions by corporations 1389
and penalize illegal corporate contributions, are repealed. 1390
SECTION 16. Sections 12 through 14 shall be codified in 1391
Title 23, Chapter 15, Mississippi Code of 1972. 1392
SECTION 17. This act shall take effect and be in force from 1393
and after July 1, 2026. 1394