Campaign finance; comprehensive reform of laws pertaining to.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) England, Sparks

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2558

AN ACT TO AMEND SECTION 23-15-801, MISSISSIPPI CODE OF 1972, 1
TO AMEND DEFINITIONS RELATED TO THE CHAPTER OF CAMPAIGN FINANCE 2
LAWS; TO AMEND SECTION 23-15-803, MISSISSIPPI CODE OF 1972, TO 3
REQUIRE THAT A CANDIDATE OR POLITICAL COMMITTEE MUST FILE A 4
STATEMENT OF ORGANIZATION BEFORE ACCEPTING ANY CONTRIBUTIONS; TO 5
PROVIDE THE REQUIRED CONTENT OF THE STATEMENT OF ORGANIZATION; TO 6
PROVIDE THAT THE SECRETARY OF STATE SHALL IMPOSE ADMINISTRATIVE 7
PENALTIES AGAINST CANDIDATES AND POLITICAL COMMITTEES FOR FAILING 8
TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER; TO PROVIDE 9
PENALTIES FOR FAILING TO COMPLY WITH THIS CHAPTER; TO PROVIDE THAT 10
THE ATTORNEY GENERAL MAY PURSUE JUDICIAL ENFORCEMENT OF THE 11
REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 23-15-805, 12
MISSISSIPPI CODE OF 1972, TO MODIFY THE CAMPAIGN FINANCE REPORTING 13
PROCESS; TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN A CENTRAL 14
SITE ON THE INTERNET TO MAKE CAMPAIGN FINANCE REPORTS ACCESSIBLE 15
TO THE PUBLIC AND EASILY SEARCHABLE; TO AMEND SECTION 23-15-807, 16
MISSISSIPPI CODE OF 1972, TO AMEND THE INFORMATION AND REPORTING 17
PROCESS AND TIMELINE THAT CANDIDATE COMMITTEES AND POLITICAL 18
COMMITTEES MUST ADHERE TO IN REGARDS TO FILING REPORTS OF 19
CONTRIBUTIONS AND DISBURSEMENTS; TO AMEND SECTION 23-15-809, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT INDIVIDUALS WHO FAIL TO 21
PROVIDE THE REPORTS REQUIRED IN THIS SECTION SHALL BE SUBJECT TO 22
PENALTY; TO AMEND SECTIONS 23-15-811 AND 23-15-813, MISSISSIPPI 23
CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-815, MISSISSIPPI 24
CODE OF 1972, TO PROVIDE THE SECRETARY OF STATE WITH THE DUTY AND 25
POWER TO OVERSEE THE FORMS AND PROCESSES DESCRIBED HEREIN; TO 26
AMEND SECTION 23-15-817, MISSISSIPPI CODE OF 1972, TO CONFORM; TO 27
AMEND SECTION 23-15-819, MISSISSIPPI CODE OF 1972, TO PROHIBIT 28
FOREIGN NATIONALS FROM MAKING CAMPAIGN CONTRIBUTIONS IN CONNECTION 29
WITH AN ELECTION FOR ANY CONSTITUTIONAL AMENDMENT, LOCAL BALLOT 30
MEASURE, BALLOT REFERENDUM OR OTHER SIMILAR MEASURES; TO MAKE IT 31
UNLAWFUL FOR A PERSON TO KNOWINGLY SOLICIT OR AID IN THE 32
SOLICITATION OF CAMPAIGN CONTRIBUTIONS FROM FOREIGN NATIONALS; TO 33
PROVIDE THAT THOSE FOUND GUILTY OF VIOLATING THIS SECTION SHALL BE 34
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SUBJECT TO FINES, IMPRISONMENT, OR BOTH, FOR SAID VIOLATION; TO 35
ALLOW ANY PERSON WHO UNKNOWINGLY RECEIVES A CAMPAIGN CONTRIBUTION 36
FROM A FOREIGN NATIONAL TO HAVE 30 DAYS TO REMIT THE VALUE OF THE 37
UNLAWFUL CONTRIBUTION TO THE SECRETARY OF STATE ONCE THE VIOLATION 38
HAS BEEN DETERMINED, OR BE SUBJECT TO PENALTIES; TO REQUIRE 39
CANDIDATES AND CANDIDATE COMMITTEES TO PROVIDE GREATER 40
TRANSPARENCY WHEN RECEIVING LOANS AND LINES OF CREDIT; TO REQUIRE 41
THAT A CANDIDATE OR TREASURER OF A CANDIDATE COMMITTEE OR 42
POLITICAL COMMITTEE KEEP DETAILED ACCOUNTS REGARDING CONTRIBUTIONS 43
AND EXPENDITURES; TO REQUIRE THAT ALL ACCOUNT ACTIVITY BE KEPT 44
CURRENT AND SHALL NOT LACK ENTRIES FOR ACTIVITY THAT TOOK PLACE 45
LESS THAN TEN BUSINESS DAYS PRIOR; TO PROVIDE THAT ACCOUNTS MAY BE 46
INSPECTED UNDER REASONABLE CIRCUMSTANCES AT ANY TIME BY THE 47
SECRETARY OF STATE OR HIS OR HER AUTHORIZED REPRESENTATIVE; TO 48
REQUIRE THAT ACCOUNT RECORDS SHALL BE PRESERVED FOR FOUR YEARS 49
FROM THE DATE OF THE CONTRIBUTION, EXPENDITURE, GIFT, INVESTMENT 50
OR LOAN; TO LIMIT POLITICAL CONTRIBUTIONS BY CORPORATIONS TO 51
$1,000.00 PER CALENDAR YEAR; TO PROVIDE PENALTIES FOR VIOLATIONS 52
OF CORPORATE POLITICAL CONTRIBUTION RESTRICTIONS; TO PROVIDE THAT 53
THE ATTORNEY GENERAL MAY BRING FORTH ACTIONS FOR VIOLATIONS OF 54
CORPORATE POLITICAL CONTRIBUTION RESTRICTIONS; TO AMEND SECTION 55
23-15-821, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONAL USE 56
OF CAMPAIGN CONTRIBUTIONS BY A POLITICAL COMMITTEE IS PROHIBITED; 57
TO PROHIBIT THE USE OF CAMPAIGN CONTRIBUTIONS TO PAY CIVIL 58
PENALTIES INCURRED BY A POLITICAL COMMITTEE OR MEMBER THEREOF; TO 59
REPEAL SECTIONS 97-13-15 AND 97-13-17, MISSISSIPPI CODE OF 1972, 60
WHICH PROHIBITED POLITICAL CONTRIBUTIONS BY CORPORATIONS AND 61
PENALIZED ILLEGAL CORPORATE CONTRIBUTIONS; AND FOR RELATED 62
PURPOSES. 63
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 64
SECTION 1. Section 23-15-801, Mississippi Code of 1972, is 65
amended as follows: 66
23-15-801. (a) "Election" means a general, special, primary 67
or runoff election. 68
(b) "Candidate" means an individual who seeks nomination for 69
election, or election, to any elective office other than a federal 70
elective office. For purposes of this * * * chapter, an 71
individual shall be deemed to seek nomination for election, or 72
election: 73
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(i) * * * If he or she files a statement of 74
organization with the Secretary of State seeking to become a 75
candidate for the Legislature or any statewide or state district 76
office, files a statement of organization with the county circuit 77
clerk if seeking county or county district office, or with the 78
municipal clerk if seeking municipal or municipal district office; 79
or 80
(ii) * * * If he or she officially qualifies for office 81
by filing the appropriate paperwork by the qualifying deadlines 82
specified in Sections 23-15-299, 23-15-309, 23-15-359, 23-15-361 83
and 23-15-977, whichever occurs first; and 84
(iii) No individual, or agent of the individual, as 85
described in paragraph (i) or (ii) of this subsection may accept 86
contributions or make expenditures until he or she has filed a 87
statement of organization to seek office with the appropriate 88
office. 89
(c) "Candidate committee" means a committee established by a 90
candidate for the purpose of receiving contributions and making 91
expenditures to obtain elected office. 92
( * * *d) "Political committee" means any committee, party, 93
club, association, political action committee, campaign committee 94
or other groups of persons or affiliated organizations that 95
receives contributions * * * or that makes expenditures * * * for 96
the purpose of influencing or attempting to influence the action 97
of voters for or against the nomination for election, or election, 98
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of one or more candidates, or balloted measures. Political 99
committee shall, in addition, include each political party 100
registered with the Secretary of State. 101
( * * *e) "Affiliated organization" means any organization 102
that is not a political committee, but that directly or indirectly 103
establishes, administers or financially supports a political 104
committee. 105
( * * *f) (i) "Contribution" shall include any corporate 106
contribution, coordinated expenditure, gift, subscription, loan, 107
advance or deposit of money or anything of value made by any 108
person, corporation or political committee for the purpose of 109
influencing any election for elective office or balloted measure; 110
(ii) "Contribution" shall not include the value of 111
services provided without compensation by any individual who 112
volunteers on behalf of a candidate or political committee; or the 113
cost of any food or beverage for use in any candidate's campaign 114
or for use by or on behalf of any political committee of a 115
political party; 116
(iii) "Contribution to a political party" includes any 117
corporate contribution, coordinated expenditure, gift, 118
subscription, loan, advance or deposit of money or anything of 119
value made by any person, corporation, political committee, or 120
other organization to a political party and to any committee, 121
subcommittee, campaign committee, political committee and other 122
groups of persons and affiliated organizations of the political 123
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party. Political parties shall establish a separate campaign fund 124
for the purpose of supporting or opposing candidates or ballot 125
measures, and any such funds collected for this purpose shall be 126
deposited into such fund. Such fund shall be used to accept 127
contributions and make expenditures for this purpose, and all such 128
funds shall be kept separate and accounted for apart from any 129
other funds of the political party; or 130
(iv) "Contribution to a political party" shall not 131
include the value of services provided without compensation by any 132
individual who volunteers on behalf of a political party or a 133
candidate of a political party. Political parties may establish 134
other funds for the purpose of, but not limited to, the general 135
operation of the party or building funds or any other fund the 136
party deems necessary apart from supporting or opposing candidates 137
or ballot measures, and such funds shall not be considered 138
campaign funds for the purpose of this chapter and therefore 139
corporate contribution limits shall not apply so long as the funds 140
are accounted for separately. Any other funds established by a 141
political party shall not be utilized to support or oppose 142
candidates or ballot measures. Contributions to a political party 143
shall not be applied to any other fund of the party if the funds 144
are not used for efforts to support or oppose candidates or ballot 145
measures. 146
(g) "Corporate contribution" shall include any gift, 147
subscription, loan, advance or deposit of money or anything of 148
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value made by any corporation, incorporated company or 149
incorporated association, or any servant, agent, employee or 150
officer thereof, using any money, security, funds or property of 151
said corporation, incorporated company or incorporated association 152
for the purpose of aiding any political party or any candidate for 153
any public office, or any candidate for any nomination for any 154
public office of any political party or to give, donate, 155
appropriate or furnish, directly or indirectly, any money, 156
security, funds or property of said corporation to any committee 157
or person as a contribution to the expense of any political party 158
or candidate, representative or committee of any political party 159
or candidate for nomination by any political party, or any 160
committee or other person acting on behalf of such candidate. 161
Corporate contribution funds are limited to the election or defeat 162
of candidates. 163
(h) "Corporation" shall include any incorporated company, 164
incorporated association, by whatever name it may be known, 165
incorporated or organized under the laws of any state or any 166
agent, employee or officer thereof. Corporation shall not include 167
sole proprietorship or solely owned limited liability 168
corporations. 169
( * * *i) (i) "Expenditure" shall include any purchase, 170
payment, distribution, loan, advance, deposit, gift of money or 171
anything of value, made by any person, corporation or political 172
committee for the purpose of influencing any balloted measure or 173
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election for elective office; and a written contract, promise, or 174
agreement to make an expenditure; 175
(ii) "Expenditure" shall not include any news story, 176
commentary or editorial distributed through the facilities of any 177
broadcasting station, newspaper, magazine, or other periodical 178
publication, unless the facilities are owned or controlled by any 179
political party, political committee, or candidate; * * * 180
(iii) "Expenditure by a political party" includes 1. 181
any purchase, payment, distribution, loan, advance, deposit, gift 182
of money or anything of value, made by any political party and by 183
any contractor, subcontractor, agent, and consultant to the 184
political party; and 2. a written contract, promise, or agreement 185
to make such an expenditure. 186
( * * *j) The term "identification" shall mean: 187
(i) In the case of any individual, the name, the 188
mailing address, and the occupation of such individual, as well as 189
the name of his or her employer; and 190
(ii) In the case of any other person, the full name and 191
address of the person. 192
( * * *k) The term "political party" shall mean an 193
association, committee or organization which nominates a candidate 194
for election to any elective office whose name appears on the 195
election ballot as the candidate of the association, committee or 196
organization. 197
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( * * *l) The term "person" shall mean any individual, 198
family, firm, * * * partnership, association or other legal 199
entity. 200
( * * *m) The term "independent expenditure" shall mean an 201
expenditure by a person or corporation expressly advocating the 202
election or defeat of a clearly identified candidate that is made 203
without cooperation, coordination or consultation with any 204
candidate or any authorized committee or agent of the candidate, 205
and that is not made in concert with or at the request or 206
suggestion of any candidate or any authorized committee or agent 207
of the candidate. 208
(n) The term "coordinated expenditure" shall mean a 209
disbursement or an action to cause a disbursement that: 210
(i) Promotes the success or defeat of a candidate or a 211
political party at an election; and 212
(ii) Is made in cooperation, consultation, 213
understanding, agreement or concert with, or at the request or 214
suggestion of, the candidate, member of the candidate's committee 215
or political party that is the beneficiary of the disbursement. 216
( * * *o) The term "clearly identified" shall mean that: 217
(i) The name or nickname of the candidate involved 218
appears; or 219
(ii) A photograph or drawing of the candidate appears; 220
or 221
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(iii) The identity of the candidate is apparent by 222
unambiguous reference. 223
SECTION 2. Section 23-15-803, Mississippi Code of 1972, is 224
amended as follows: 225
23-15-803. (1) Each candidate or political committee shall 226
file a statement of organization which must be received by the 227
Secretary of State * * * prior to the candidate or political 228
committee receiving contributions or making expenditures. All 229
candidates will be required to establish a candidate committee and 230
will report all contributions and expenditures made seeking 231
elective office through the candidate committee. A candidate may 232
be the sole member and treasurer of a candidate committee. 233
(a) * * * Political committees which support or oppose 234
statewide, state district or legislative candidates and statewide 235
ballot measures shall file with the Secretary of State; or 236
(b) * * * Political committees which support or oppose 237
county or county district candidates or county ballot measures 238
shall file with the county circuit clerk. 239
(c) Political committees which support or oppose 240
municipal or municipal district candidates or municipal ballot 241
measures shall file with the municipal clerk. 242
(2) The content of the statement of organization of a 243
candidate committee shall include: 244
(a) The name, address, officers and members of the 245
committee; 246
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(b) An electronic mail (email) address for the 247
candidate committee; 248
( * * *c) The designation of a chair of the 249
organization and a custodian of the financial books, records and 250
accounts of the organization, who shall be designated 251
treasurer; * * * 252
* * * 253
(d) The name, address, office sought and party 254
affiliation, if any, of the candidate; and 255
(e) The name of the financial institution(s) the 256
candidate committee will have campaign funds located. 257
(3) The content of the statement of organization of a 258
political committee shall include: 259
(a) The name, address, officers, and members of the 260
committee; 261
(b) An electronic mail (email) address unique to the 262
political committee; 263
(c) The designation of a chair of the organization and 264
a custodian of the financial books, records and accounts of the 265
organization, who shall be designated treasurer. If the chair or 266
the treasurer of the organization is not a Mississippi resident, 267
the political committee shall designate an individual located in 268
Mississippi capable of receiving service of process for the 269
entity; 270
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(d) The election cycles, as set forth in Section 271
23-15-807, in which the political committee will be making 272
expenditures. A political committee shall file all periodic 273
reports required for the election cycle(s) that it has designated 274
on its statement of organization. 275
(e) The name of the financial institution(s) the 276
political committee will have the campaign located. 277
( * * *4) Any change in information previously submitted in 278
a statement of organization shall be reported * * * within thirty 279
(30) days of the change occurring or on an amended statement of 280
organization. 281
(5) (a) A political committee may amend its statement of 282
organization to remove election cycles in which it will not be 283
making expenditures by notifying the Secretary of State, or other 284
relevant authority, by January 31 of each year. The political 285
committee will not be required to file periodic reports associated 286
with that election cycle for which it previously designated it 287
would participate in if the amended statement or organization is 288
amended by January 31 of the respective year. 289
(b) If a political committee contributes to a candidate 290
or makes an expenditure in support of or opposition to any 291
candidate or measure on the ballot in an election cycle not 292
designated on the statement of organization after January 31st, 293
the political committee must file an amended statement or 294
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organization within five (5) business days and shall file all 295
remaining reports for the respective election cycle. 296
( * * *6) In addition to any other penalties provided by 297
law, the * * * Secretary of State shall impose administrative 298
penalties against any candidate committee or political committee 299
that fails to comply with the requirements of this section 300
in * * * the following amounts: 301
(a) For the first offense within a five-year period, 302
One Thousand Dollars ($1,000.00); 303
(b) For the second violation within a five-year period, 304
Two Thousand Five Hundred Dollars ($2,500.00); or 305
(c) For the third violation and any subsequent 306
violations within a five-year period, Five Thousand Dollars 307
($5,000.00). 308
The notice, hearing and appeals provisions of Section 309
23-15-813 shall apply to any action taken pursuant to this 310
subsection ( * * *6). The * * * Attorney General's Office or 311
district attorney with appropriate jurisdiction shall have the 312
authority to pursue judicial enforcement of any penalties issued 313
pursuant to this section. 314
(7) Electronic mail (email) addresses, phone numbers and 315
financial institution information are not public records and, 316
therefore, are not subject to disclosure under any request for 317
information. 318
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SECTION 3. Section 23-15-805, Mississippi Code of 1972, is 319
amended as follows: 320
[Through December 31, 2026, this section shall read as 321
follows:] 322
23-15-805. ( * * *1) * * * Candidate committees for state, 323
state district, and legislative district offices, and every 324
political committee, which makes reportable contributions to or 325
expenditures in support of or in opposition to a candidate for any 326
such office or makes reportable contributions to or expenditures 327
in support of or in opposition to a statewide ballot measure, 328
shall file all reports required under this * * * chapter with the 329
Office of the Secretary of State. 330
(2) The Secretary of State shall maintain a central site on 331
the internet to make accessible to the public and searchable all 332
publicly available election-related reports and information. 333
Reports shall be searchable by the identifiable variables on the 334
report, including, but not limited to, candidate, office sought, 335
itemized contribution, itemized expenditure, amount of 336
contribution and amount of expenditure. In this section, the term 337
"election-related report" means any report, designation or 338
statement required to be filed after February 1,2028. 339
( * * *3) * * * Candidate committees for county or county 340
district office, and every political committee which makes 341
reportable contributions to or expenditures in support of or in 342
opposition to a candidate for such office or makes reportable 343
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contributions to or expenditures in support of or in opposition to 344
a countywide ballot measure or a ballot measure affecting part of 345
a county, excepting a municipal ballot measure, shall file all 346
reports required by this section in the office of the circuit 347
clerk of the county in which the election occurs, or directly to 348
the Office of the Secretary of State * * *. The circuit clerk 349
shall forward copies of all reports to the Office of the Secretary 350
of State. 351
( * * *4) Candidates for municipal office, and every 352
political committee which makes reportable contributions to or 353
expenditures in support of or in opposition to a candidate for 354
such office, or makes reportable contributions to or expenditures 355
in support of or in opposition to a municipal ballot measure shall 356
file all reports required by this article in the office of the 357
municipal clerk of the municipality in which the election occurs, 358
or directly to the Office of the Secretary of State * * *. The 359
municipal clerk shall forward copies of all reports to the Office 360
of the Secretary of State. 361
( * * *5) The Secretary of State, the circuit clerks and the 362
municipal clerks shall make all reports received under this 363
subsection available for public inspection and copying and shall 364
preserve the reports for a period of five (5) years. 365
[From and after February 1, 2028, this section shall read as 366
follows:] 367
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23-15-805. (1) Candidate committees for state, state 368
district and legislative district offices and every political 369
committee, which make reportable contributions to or expenditures 370
in support of or in opposition to a candidate for any such office 371
or make reportable contributions to or expenditures in support of 372
or in opposition to a statewide ballot measure, shall file all 373
reports required under this chapter with the Office of the 374
Secretary of State through the Secretary of State's online filing 375
system. 376
(2) Candidate committees for county or county district 377
office, and every political committee which make reportable 378
contributions to or expenditures in support of or in opposition to 379
a candidate for such office or make reportable contributions to or 380
expenditures in support of or in opposition to a countywide ballot 381
measure or a ballot measure affecting part of a county, excepting 382
a municipal ballot measure, shall file all reports required by 383
this section in the office of the circuit clerk through the 384
Secretary of State's online filing system. The Secretary of State 385
shall ensure the circuit clerks, or their designees, are properly 386
trained on the utilization of the online filing system and have 387
access to the system. 388
(3) Candidates for municipal office, and every political 389
committee which makes reportable contributions to or expenditures 390
in support of or in opposition to a candidate for such office, or 391
make reportable contributions to or expenditures in support of or 392
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in opposition to a municipal ballot measure shall file all reports 393
required by this article in the office of the municipal clerk of 394
the municipality in which the election occurs through the 395
Secretary of State's online filing system. The Secretary of State 396
shall ensure the municipal clerks, or their designees, are 397
properly trained on the utilization of the online filing system 398
and have access to the system. 399
(4) The Secretary of State, the circuit clerks and the 400
municipal clerks shall make all reports received under this 401
subsection available for public inspection and copying and shall 402
preserve the reports for a period of five (5) years. 403
(5) Any candidate committee or political committee required 404
to file their campaign finance report via the Secretary of State's 405
online filing system shall not be required to submit a report via 406
the Secretary of State's online filing system if they submit an 407
affidavit to the Secretary of State stating that that they do not 408
have internet access. The affidavit must be submitted yearly and 409
will be made available with other campaign finance reports. In 410
the event of failure of the online filing system that reasonably 411
prevents a candidate committee or political committee from filing 412
a required report, the Secretary of State shall allow for the 413
filing of reports via facsimile, electronic mail, postal mail or 414
hand delivery and make such forms available to candidate 415
committees and political committees for such filings. 416
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(6) The Secretary of State shall maintain a central site on 417
the internet to make accessible to the public and searchable all 418
publicly available election-related reports and information. 419
Reports shall be searchable by the identifiable variables on the 420
report, including, but not limited to, candidate, office sought, 421
itemized contribution, itemized expenditure, amount of 422
contribution and amount of expenditure. In this section, the term 423
"election-related report" means any report, designation or 424
statement required to be filed under this chapter after February 425
1, 2028. 426
SECTION 4. Section 23-15-807, Mississippi Code of 1972, is 427
amended as follows: 428
23-15-807. (a) Each candidate committee or political 429
committee shall file reports of contributions and disbursements in 430
accordance with the provisions of this section. All * * * 431
candidate committees or political committees required to report 432
such contributions and disbursements may terminate the obligation 433
to report only upon submitting a final report that contributions 434
will no longer be received or disbursements made, the committee 435
does not carry a cash-on-hand balance, and that the candidate or 436
committee has no outstanding debts or obligations. The candidate, 437
treasurer or chief executive officer shall sign the report. 438
(b) * * * Candidate committees for seeking election, or 439
nomination for election, and political committees making 440
expenditures * * * in the relevant election cycles or have so 441
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designated on their statement of organization, shall file the 442
following reports: 443
(i) In any calendar year during which there is a 444
regularly scheduled primary election, general election or special 445
election, a pre-election report shall be filed no later than the 446
seventh day before any election in which the candidate or 447
political committee has accepted contributions or made 448
expenditures and shall be completed as of the tenth day before the 449
election; 450
(ii) In * * * the year in which the Governor is 451
elected, which shall be designated as the gubernatorial election 452
cycle on the statement of organization as required by 23-15-803, 453
periodic reports shall be filed no later than the tenth day after 454
April 30, May 31, June 30, September 30 and December 31, and shall 455
be completed as of the last day of each period; 456
(iii) In any calendar * * * year in which the candidate 457
is not running for office, a report covering the calendar year 458
shall be filed no later than January 31 of the following calendar 459
year; and 460
(iv) Except as otherwise provided in the requirements 461
of paragraph (i) of this subsection (b), unopposed candidates are 462
not required to file pre-election reports but must file all other 463
reports required by paragraphs (ii) and (iii) of this subsection 464
(b). 465
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(c) All * * * candidate committees for judicial office, as 466
defined in Section 23-15-975, * * * shall file periodic reports in 467
the year in which they are to be elected, which shall be 468
designated as the judicial election cycle on the statement of 469
organization required by 23-15-803, no later than the tenth day 470
after April 30, May 31, June 30, July 31, August 31, September 30 471
and December 31. * * * 472
All candidate committees for judicial candidates shall file 473
an annual report in accordance with subsection (b)(iii) of this 474
section. 475
(i) In any calendar year during which there is a 476
regularly scheduled election or special election, a pre-election 477
report shall be filed no later than the seventh day before any 478
election in which the candidate committee or political committee 479
has accepted contributions or made expenditures and shall be 480
completed as of the tenth day before the election; 481
(ii) In any calendar year in which the candidate is not 482
running for office, a report covering the calendar year shall be 483
filed no later than January 31 of the following calendar year; and 484
(iii) Except as otherwise provided in the requirements 485
of paragraph (i) of this subsection, unopposed candidates are not 486
required to file pre-election reports but must file all other 487
reports required by subsection (b)(ii) and (iii) of this section. 488
(d) Each report under this * * * chapter shall disclose: 489
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(i) For the reporting period and the calendar year, the 490
total amount of all contributions and the total amount of all 491
expenditures of the candidate committee or reporting committee, 492
including those required to be identified pursuant to paragraph 493
(ii) of this subsection (d) as well as the total of all other 494
contributions and expenditures during the calendar year. The 495
reports shall be cumulative during the calendar year to which they 496
relate; 497
(ii) The identification of: 498
1. Each person, candidate committee or political 499
committee who makes a contribution to the reporting candidate 500
committee or political committee during the reporting period, 501
whose contribution or contributions within the calendar year have 502
an aggregate amount or value in excess of Two Hundred Dollars 503
($200.00) together with the date and amount of any such 504
contribution * * *. 505
When making solicitations, committees and their treasurers 506
shall obtain and report the name, address, occupation or employer 507
of each contributor who gives more than Two Hundred Dollars 508
($200.00) in an election cycle. For each contribution received 509
aggregating in excess of Two Hundred Dollars ($200.00) per 510
calendar year lacking required contributor information, such as 511
the contributor's full name, mailing address, occupation or name 512
of employer, the treasurer shall after the receipt of the 513
contribution obtain the missing information. If the missing or 514
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incomplete information is not received by the next reporting 515
deadline, the contribution shall be returned to the contributor or 516
remitted to the Secretary of State's Office to be deposited into 517
the Election Support Fund. If the missing or incomplete 518
information is filed on an annual report, and the next report 519
required is an annual report, then the missing or incomplete 520
information must be submitted within thirty (30) days of the 521
reporting deadline of the report that that missing or incomplete 522
information was filed on. If the missing or incomplete 523
information is not corrected, then the contribution shall be 524
returned to the contributor or remitted to the Secretary of 525
State's Office to be deposited into the Election Support Fund; and 526
2. Each person * * *, candidate committee, 527
organization, candidate or political committee who receives an 528
expenditure, payment or other transfer from the reporting 529
candidate committee, political committee or its agent, employee, 530
designee, contractor, consultant or other person or persons 531
acting * * * on its behalf during the reporting period when the 532
expenditure, payment or other transfer to the person, 533
organization, candidate or political committee within the calendar 534
year have an aggregate value or amount in excess of Two Hundred 535
Dollars ($200.00) together with the date, purpose and amount of 536
the expenditure * * *. 537
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If the candidate committee or political committee has 538
received any service, performance or anything of value during a 539
reporting period for what would otherwise be an expenditure, 540
but has yet to make payment or other transfer, the service, 541
performance or anything of value received in exchange for a future 542
payment or other transfer shall be reported during the reporting 543
period it was received with a designation that a payment or other 544
transfer is to be made at a later date; 545
(iii) Any interest, dividends or income earned by 546
investment of monies held by a campaign committee or political 547
committee shall not be reported as a contribution but shall be 548
reported as a separate category; 549
( * * *iv) The total amount of cash on hand of each 550
reporting candidate and reporting political committee; 551
( * * *v) In addition to the contents of reports 552
specified in paragraphs (i), (ii) * * *, (iii) and (iv) of this 553
subsection (d), each political party shall disclose: 554
1. Each person, candidate committee or political 555
committee who makes a contribution to a political party during the 556
reporting period and whose contribution or contributions to a 557
political party within the calendar year have an aggregate amount 558
or value in excess of Two Hundred Dollars ($200.00), together with 559
the date and amount of the contribution; 560
2. Each person, candidate committee or 561
organization who receives an expenditure or expenditures by a 562
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political party during the reporting period when the expenditure 563
or expenditures to the person or organization within the calendar 564
year have an aggregate value or amount in excess of Two Hundred 565
Dollars ($200.00), together with the date, purpose and amount of 566
the expenditure; 567
( * * *vi) Disclosure required under this section of an 568
expenditure to a credit card issuer, financial institution or 569
business allowing payments and money transfers to be made over the 570
Internet must include, by way of detail or separate entry, the 571
amount of funds passing to each person, business entity or 572
organization receiving funds from the expenditure * * * that would 573
have otherwise been required to be itemized under subsection 574
(d)(ii) of this section; 575
(vii) Disclosure required under this section of a 576
contribution from a financial institution or business allowing 577
payments and money transfers to be made over the internet must 578
include, by way of detail or separate entry, the amount of funds 579
passing from each person, business entity or organization 580
contributing funds that would have otherwise been required to be 581
itemized under subsection (d)(ii); 582
(viii) Anonymous contributions shall not be accepted. 583
Any anonymous contributions shall be returned to the donor if 584
possible. If not possible, such funds shall be remitted to the 585
Secretary of State within five (5) days of receipt to be deposited 586
into the Election Support Fund. 587
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(e) Each report required under this section shall include a 588
penalty of perjury certification, signed by the candidate or the 589
chair or treasurer of the political committee, or candidate 590
committee, that the information included in the report is true, 591
accurate and complete to the best of the signer's knowledge. 592
( * * *f) The appropriate office specified in Section 593
23-15-805 must be in actual receipt of the reports specified in 594
this * * * chapter by 5:00 p.m. on the dates specified in 595
subsection (b) of this section. If the date specified in 596
subsection (b) of this section shall fall on a weekend or legal 597
holiday then the report shall be due in the appropriate office at 598
5:00 p.m. on the first working day before the date specified in 599
subsection (b) of this section. The reporting candidate committee 600
or reporting political committee shall ensure that the reports are 601
delivered to the appropriate office by the filing deadline. The 602
Secretary of State may approve specific means of electronic 603
transmission of completed campaign finance disclosure reports, 604
which may include, but not be limited to, transmission by 605
electronic facsimile (FAX) devices. 606
( * * *g) (i) If any contribution of more than Two Hundred 607
Dollars ($200.00) is received by a candidate or candidate's 608
political committee after the tenth day and is not reported on the 609
pre-election report, but more than forty-eight (48) hours before 610
12:01 a.m. of the day of the election, the candidate committee or 611
political committee shall notify the appropriate office designated 612
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in Section 23-15-805, within forty-eight (48) hours of receipt of 613
the contribution. The notification shall include: 614
1. The name of the receiving candidate committee, 615
if any; 616
* * *2. The name of the receiving candidate; 617
* * *3. The name of the receiving candidate's 618
political committee, if any; 619
* * *4. The office sought by the candidate; 620
* * *5. The identification of the contributor; 621
* * *6. The date of receipt; 622
* * *7. The amount of the contribution; 623
* * *8. If the contribution is in-kind, a 624
description of the in-kind contribution; and 625
* * *9. The signature of the candidate or the 626
treasurer or chair of the * * * candidate committee. 627
(ii) The notification shall be in writing, and may be 628
transmitted electronically by overnight mail, courier service, or 629
other reliable means, including electronic facsimile (FAX), but 630
the candidate or candidate's committee shall ensure that the 631
notification shall in fact be received in the appropriate office 632
designated in Section 23-15-805 within forty-eight (48) hours of 633
the contribution. On February 1, 2028, this paragraph (ii) shall 634
read: (ii) The notification shall be in writing, and be 635
transmitted to the appropriate office under Section 23-15-805 via 636
the Secretary of State's online filing system. 637
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(h) (i) If any expenditure of more than Two Hundred Dollars 638
($200.00) is made by a candidate committee or political committee 639
after the tenth day and is not reported on the pre-election 640
report, but more than forty-eight (48) hours before 12:01 a.m. of 641
the day of the election, the candidate committee or political 642
committee shall notify the appropriate office designated in 643
Section 23-15-805, within forty-eight (48) hours of making the 644
expenditure. The notification shall include: 645
1. The name of the candidate committee making the 646
expenditure; 647
2. Name of the candidate; 648
3. The office sought by the candidate; 649
4. The identification of the entity receiving the 650
expenditure; 651
5. The date of expenditure; 652
6. The purpose of the expenditure; 653
7. The amount of the expenditure; and 654
8. The signature of the candidate or the treasurer 655
or chair of the candidate committee. 656
(ii) The notification shall be in writing, and may be 657
transmitted electronically, by overnight mail, courier service, or 658
other reliable means, including electronic facsimile (FAX), but 659
the candidate committee shall ensure that the notification shall 660
in fact be received in the appropriate office designated in 661
Section 23-15-805 within forty-eight (48) hours of the 662
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expenditure. On February 1, 2028, this paragraph (ii) shall read: 663
(ii) The notification shall be in writing and be transmitted to 664
the appropriate office under Section 23-15-805 via the Secretary 665
of State's online filing system. The candidate or candidate's 666
committee shall ensure that the notification shall in fact be 667
received by the appropriate office designated in Section 23-15-805 668
within forty-eight (48) hours of the contribution. 669
(iii) No candidate committee or political committee 670
shall accept cash contributions in an amount or value more than 671
One Thousand ($1,000.00) in the aggregate during a calendar year 672
from a contributor. 673
SECTION 5. Section 23-15-809, Mississippi Code of 1972, is 674
amended as follows: 675
23-15-809. (a) Every person who makes independent 676
expenditures in an aggregate amount or value in excess of Two 677
Hundred Dollars ($200.00) during a calendar year shall file a 678
statement containing the information required under Section 679
23-15-807. Such statement shall be filed with the appropriate 680
offices as provided for in Section 23-15-805, and such person 681
shall be considered a political committee for the purpose of 682
determining place of filing. 683
(b) Statements required to be filed by this subsection shall 684
include: 685
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(i) Information indicating whether the independent 686
expenditure is in support of, or in opposition to, the candidate 687
involved; 688
(ii) Under penalty of perjury, a certification of 689
whether or not such independent expenditure is made in 690
cooperation, consultation or concert with, or at the request or 691
suggestion of, any candidate or any authorized committee or agent 692
of such candidate; and 693
(iii) The identification of each person who made a 694
contribution in excess of Two Hundred Dollars ($200.00) to the 695
person filing such statement which was made for the purpose of 696
furthering an independent expenditure. 697
(c) Persons making such expenditures must ensure that the 698
receiving entity receives the report or statement by close of 699
business on the second business day following the date on which 700
the expenditure is made, or the communication is publicly 701
distributed or otherwise publicly disseminated, whichever occurs 702
first. 703
(d) A person failing to file reports required under 704
subsection (c) of this section shall be subject to the same civil 705
penalties as candidate committees and political committees under 706
Section 23-15-813. 707
SECTION 6. Section 23-15-811, Mississippi Code of 1972, is 708
amended as follows: 709
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23-15-811. (a) Any candidate, authorized representative of 710
a candidate committee or any other person who willfully violates 711
the provisions and prohibitions of this * * * chapter shall be 712
guilty of a misdemeanor and upon conviction shall be punished by a 713
fine in a sum not to exceed * * * Three Thousand Dollars 714
($3,000.00) or imprisoned for not longer than * * * six (6) 715
months, or by both fine and imprisonment. 716
(b) In addition to the penalties provided in subsection (a) 717
of this section and Chapter 13, Title 97, Mississippi Code of 718
1972, any candidate committee or political committee which is 719
required to file a statement or report and fails to file the 720
statement or report on the date it is due may be compelled to file 721
the statement or report by an action in the nature of a mandamus 722
brought by the * * * Mississippi Attorney General's Office. The 723
Attorney General shall discuss the disposition of the matter if a 724
mandamus action is not pursued. Such communication shall be 725
privileged and shall not be subject to inspection, examination, 726
copying or reproduction under the Mississippi Public Records Act 727
of 1983. 728
(c) No candidate shall be certified as nominated for 729
election or as elected to office until * * * his or her candidate 730
committee files all reports required by this * * * chapter that 731
are due as of the date of certification. 732
(d) No person shall be qualified to appear on the ballot if, 733
by the time the candidate is approved to appear on the ballot for 734
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the office sought, * * * his or her candidate committee has failed 735
to file all reports required to be filed within the last five (5) 736
years. 737
(e) No candidate who is elected to office shall receive any 738
salary or other remuneration for the office until * * * his or her 739
candidate committee files all reports required by this * * * 740
chapter that are due as of the date the salary or remuneration is 741
payable. 742
(f) In the event that a candidate committee fails to timely 743
file any report required pursuant to this * * * chapter but 744
subsequently files a report or reports containing all of the 745
information required to be reported and pays and assesses fines, 746
the candidate shall not be subject to the sanctions of subsections 747
(c) and (d) of this section. 748
SECTION 7. Section 23-15-813, Mississippi Code of 1972, is 749
amended as follows: 750
23-15-813. (a) In addition to any other penalty permitted 751
by law, the * * * Secretary of State shall require any candidate 752
committee or political committee, as identified in Section 753
23-15-805(a), and any other political committee registered with 754
the Secretary of State, who fails to file a campaign finance 755
disclosure report as required under Sections 23-15-801 through 756
23-15-813, or Sections 23-17-47 through 23-17-53, or who shall 757
file a report that fails to substantially comply with the 758
requirements of Sections 23-15-801 through 23-15-813, or Sections 759
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23-17-47 through 23-17-53, to be assessed a civil penalty as 760
follows: 761
(i) Within * * * two (2) calendar days after any 762
deadline for filing a report pursuant to Sections 23-15-801 763
through 23-15-813, except Section 23-15-807(b)(i) or Sections 764
23-17-47 through 23-17-53, the Secretary of State shall compile a 765
list of those * * * candidate committees and political committees 766
who have failed to file a report. * * * The Secretary of State 767
shall provide each candidate committee or political committee, who 768
has failed to file a report, notice of the failure by electronic 769
mail, and if electronic mail is not available, by first-class 770
mail. 771
(ii) Beginning with the * * * fifth calendar day after 772
which any periodic or annual report is due, the Mississippi * * * 773
Secretary of State shall assess the delinquent candidate committee 774
and political committee a civil penalty * * * for each day or part 775
of any day until a valid report is delivered to the Secretary of 776
State, up to a maximum of ten (10) days. * * * If the fifth 777
calendar day falls on a weekend or holiday, fine assessment shall 778
begin the next business day. The Secretary of State shall accept 779
reports on weekends and holidays if filed electronically with a 780
timestamp. 781
1. Candidate committees for statewide office shall 782
be assessed a civil penalty of One Thousand Dollars ($1,000.00) 783
for each day. 784
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2. Candidate committees for state district office 785
shall be assessed a civil penalty of Five Hundred Dollars 786
($500.00) for each day. 787
3. Candidate committees for legislative office 788
shall be assessed a civil penalty of Two Hundred Fifty Dollars 789
($250.00) for each day. 790
4. Political committees shall be assessed a civil 791
penalty of One Thousand Dollars ($1,000.00) for each day. 792
* * * 793
(b) (i) Within two (2) calendar days after any deadline for 794
filing a pre-election report pursuant to Section 23-15-807(b)(i), 795
the Secretary of State shall compile a list of those candidates 796
and political committees who have failed to file a report. The 797
Secretary of State shall provide each candidate or political 798
committee, who has failed to file a report, notice of the failure 799
by electronic mail, if electronic mail is not available, by 800
first-class mail. 801
(ii) Beginning with the third calendar day after which 802
any pre-election report is due, the Mississippi Secretary of State 803
shall assess the delinquent candidate committee and political 804
committee a civil penalty for each day or part of any day until a 805
valid report is delivered to the Secretary of State, up to a 806
maximum of ten (10) days. The Secretary of State shall accept 807
reports on weekends and holidays if filed electronically with a 808
timestamp. 809
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1. Candidate committees for statewide office shall 810
be assessed a civil penalty of One Thousand Dollars ($1,000.00) 811
for each day. 812
2. Candidate committees for state district office 813
shall be assessed a civil penalty of Five Hundred Dollars 814
($500.00) for each day. 815
3. Candidate committees for legislative office 816
shall be assessed a civil penalty of Two Hundred Fifty Dollars 817
($250.00) for each day. 818
4. Political committees shall be assessed a civil 819
penalty of One Thousand Dollars ($1,000.00) for each day. 820
5. If any candidate who is required to file a 821
report to the Secretary of State has not filed a pre-election 822
report by 5:00 p.m., the Secretary of State shall compile a list 823
of those candidates and disseminate it to the members of the 824
Mississippi Press Association. 825
(c) Filing of the required report and payment of the fine 826
within ten (10) calendar days of notice by the Secretary of State 827
that a required statement has not been filed constitutes 828
compliance with Sections 23-15-801 through 23-15-813, or Sections 829
23-17-47 through 23-17-53. 830
(d) Payment of the fine without filing the required report 831
does not excuse or exempt any person from the filing requirements 832
of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 833
through 23-17-53. 834
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(e) If any candidate committee or political committee is 835
assessed a civil penalty, and the penalty is not subsequently 836
appealed, the candidate committee or political committee shall pay 837
the fine to the Secretary of State within sixty (60) days of the 838
date of the assessment of the fine. The fine shall be deposited 839
into the Election Support Fund. If, after ninety (90) days of the 840
assessment of the fine the payment for the entire amount of the 841
assessed fine has not been received by the Secretary of State, the 842
Secretary of State shall notify the Attorney General of the 843
delinquency, and the Attorney General shall file, where necessary, 844
a suit to compel payment of the civil penalty. The Attorney 845
General shall discuss the disposition of the matter if a suit to 846
compel payment is not filed. Such communication shall be 847
privileged and shall not be subject to inspection, examination, 848
copying or reproduction under the Mississippi Public Records Act 849
of 1983. 850
( * * *f) (i) * * * In the event the candidate committee or 851
political committee appeals, the appeal shall be * * * filed in 852
the Circuit Court of Hinds County * * *. The appeal shall be 853
taken within thirty (30) calendar days after notice of the * * * 854
fine by the Secretary of State. The appeal shall be perfected 855
upon filing notice of the appeal and the prepayment of all 856
costs, * * * and filing a bond in the sum of Two Hundred Dollars 857
($200.00), conditioned that if the decision of the * * * Secretary 858
of State is affirmed by the court, the candidate or political 859
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committee will pay the costs of the appeal and the action in 860
court. * * * 861
(ii) If there is an appeal, the appeal shall act as a 862
supersedeas. The court shall dispose of the appeal and enter its 863
decision promptly. The hearing on the appeal may be tried in 864
vacation, in the court's discretion. * * * The decision of the 865
court may be appealed to the Supreme Court in the manner provided 866
by law. 867
* * * 868
( * * *g) If, after twenty (20) calendar days of the date 869
upon which a campaign finance disclosure report is due, a 870
candidate committee or political committee identified in 871
subsection (a) or (b) of this section shall not have filed a valid 872
report with the Secretary of State, the Secretary of State shall 873
notify the Attorney General of those candidates and political 874
committees who have not filed a valid report, and the Attorney 875
General shall prosecute the delinquent candidates and political 876
committees. 877
SECTION 8. Section 23-15-815, Mississippi Code of 1972, is 878
amended as follows: 879
23-15-815. * * * (1) It shall be the duty and power of the 880
Secretary of State: 881
(a) To prescribe forms of statements and other 882
information required to be filed by this chapter, to furnish such 883
forms to the county circuit clerks and municipal clerks and 884
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individuals, or others required to file such statements and 885
information, and to prepare and publish on the Secretary of 886
State's website a manual setting forth the provisions of this 887
chapter; 888
(b) The Secretary of State, circuit clerks and 889
municipal clerks shall, within forty-eight (48) hours after the 890
time of the receipt by the appropriate office of reports and 891
statements filed with it, make them available for public 892
inspection, and copying at the expense of the person requesting 893
such copying, and keep such designations, reports and statements 894
for a period of five (5) years from the date of receipt. 895
(c) To accept and file any information voluntarily 896
supplied that exceeds the requirements of this chapter, subject to 897
redaction of nonpublic information. 898
(d) To publish an annual report detailing the year's 899
campaign finance activity, including, but not limited to, the 900
number of reports filed, fines assessed, fines collected and a 901
summary of any issues reported and investigated. 902
(e) The Secretary of State shall inspect or cause to be 903
inspected each statement of organization or report filed with the 904
Secretary of State under this chapter within ten (10) days after 905
the date it is filed. The Secretary of State shall notify, no 906
more than ten (10) days and at least five (5) days before each 907
report is due, each candidate or treasurer whose statement of 908
organization has been filed, of the specific date each report is 909
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due. He or she shall immediately notify any individual, 910
candidate, treasurer, political committee, referendum committee or 911
other entity that may be required to file a statement under this 912
chapter if: 913
(i) It appears that the individual, candidate, 914
treasurer, political committee, referendum committee or other 915
entity has failed to file a statement or report as required by law 916
or that a statement or report filed does not conform to this 917
chapter; or 918
(ii) A written complaint is filed under oath with 919
the Secretary of State by any registered candidate or authorized 920
representative of a candidate or political party of this state 921
alleging that a statement or report filed with the Secretary of 922
State does not conform to this chapter or to the truth, or that an 923
individual, candidate, treasurer, political committee, referendum 924
committee or other entity has failed to file a statement required 925
by this chapter. The entity that is the subject of the complaint 926
will be given an opportunity to respond to the complaint within 927
five (5) business days before any action is taken requiring 928
compliance. 929
(f) The Secretary of State shall promulgate rules and 930
regulations to effectuate a written complaint and response process 931
as outlined in paragraph (e) of this subsection. 932
(2) To make civil investigations to the extent the Secretary 933
of State deems necessary with respect to statements and reports 934
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filed under the provisions of this chapter and with respect to 935
alleged failures to file any statement or reports required under 936
the provisions of this chapter and, upon complaint, signed and 937
sworn under oath or affirmation, by any registered candidate or 938
authorized representative of a candidate or political party, with 939
respect to alleged violations of any part of this chapter. The 940
Secretary of State may also make civil investigations into the 941
failure to report by any candidate committee or political 942
committee that is required to file with the Secretary of State and 943
has not done so by the end of the fine period set forth in Section 944
23-15-807. All civil investigations shall be confidential, and no 945
civil investigation shall be initiated more than four (4) years 946
from the earliest of the following dates: 947
(a) The facts constituting the violation are known to 948
the Secretary of State; 949
(b) The facts constituting the violation can be 950
determined from the public record; or 951
(c) The complainant knew or should have known of the 952
conduct upon which the complaint is based. 953
(3) In conducting a civil investigation, the Secretary of 954
State may: 955
(a) (i) Conduct civil investigations within or outside 956
of this state which the Secretary of State considers necessary or 957
appropriate to determine whether a person has violated, is 958
violating, or is about to violate this chapter or a rule adopted, 959
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or order issued under this chapter, or to aid in the enforcement 960
of this chapter or in the adoption of rules and forms under this 961
chapter; 962
(ii) Require or permit a person to testify, file a 963
statement or produce a record, under oath or otherwise as the 964
Secretary of State determines, as to all the facts and 965
circumstances concerning a matter to be investigated or about 966
which an action or proceeding is to be instituted; or 967
(iii) Administer oaths and affirmations, subpoena 968
witnesses, seek compulsion of attendance, take evidence, require 969
the filing of statements, and require the production of any 970
records that the Secretary of State considers relevant or material 971
to the civil investigation. 972
(b) Apply to the Circuit Court of Hinds County, or a 973
court of another state to enforce compliance if a person does not 974
appear or refuses to testify, file a statement, produce records, 975
or otherwise does not obey a subpoena as required by the Secretary 976
of State under this chapter. The court may: 977
(i) Hold the person in contempt; 978
(ii) Order the person to appear before the 979
administrator; 980
(iii) Order the person to testify about the matter 981
under civil investigation or in question; 982
(iv) Order the production of records; 983
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(v) Grant injunctive relief, including restricting 984
or prohibiting the offer or sale of securities or the providing of 985
investment advice; and 986
(vi) Grant any other necessary or appropriate 987
relief. 988
(4) The Secretary of State shall report any suspected 989
criminal violations of this chapter to the Attorney General that 990
are found as a result of a civil investigation under this chapter. 991
Such communication shall be privileged and shall not be subject to 992
inspection, examination, copying or reproduction under the 993
Mississippi Public Records Act of 1983. 994
(5) To prescribe and furnish forms of reports and other 995
material to the county circuit clerk for distribution to 996
candidates and committees required to be filed with the county. 997
(6) To prescribe and furnish forms of reports and other 998
material to the municipal clerk for distribution to candidates and 999
committees required to be filed with the municipality. 1000
(7) To instruct the county and municipal election officials 1001
as to their respective duties and responsibilities relative to the 1002
administration of this chapter. 1003
(8) To establish a process for determination as to whether 1004
communication is a contribution, expenditure or independent 1005
expenditure prior to the airing or distribution of that 1006
communication when so requested to an individual or person 1007
producing a communication. 1008
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(9) To publish guidelines for filing of the required 1009
statements and reports. 1010
(10) When the Secretary of State is a candidate for office, 1011
the Mississippi Ethics Commission shall have the same duties and 1012
protections under subsections (2) through (5) of this section in 1013
regard to all candidates seeking the same office as the Secretary 1014
of State. 1015
SECTION 9. Section 23-15-817, Mississippi Code of 1972, is 1016
amended as follows: 1017
23-15-817. The Secretary of State shall compile a list of 1018
all candidates for the Legislature or any statewide or state 1019
district office who fail to file a campaign disclosure report by 1020
the dates specified in Section 23-15-807(b). The * * * Attorney 1021
General, on behalf of the Secretary of State, shall have the 1022
authority to bring a mandamus as provided in Section 23-15-811 or 1023
take any other disciplinary action as provided in this chapter. 1024
The list shall also be disseminated to the members of the 1025
Mississippi Press Association within two (2) working days after 1026
such periodic reports are due and made available to the public. 1027
Lists for pre-election reports shall be made available by 7:00 1028
p.m. on the due date indicating those who have not filed. 1029
SECTION 10. Section 23-15-819, Mississippi Code of 1972, is 1030
amended as follows: 1031
23-15-819. (1) It shall be unlawful for a foreign national, 1032
directly or through any other person, to make any contribution or 1033
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any expenditure of money or other thing of value, or to promise 1034
expressly or impliedly to make any such contribution or 1035
expenditure, in connection with an election to any political 1036
office or in connection with any primary election, convention or 1037
caucus held to select candidates for any political office. 1038
(2) It shall be unlawful for a foreign national, directly or 1039
through any other person, to make any contribution or any 1040
expenditure of money or other thing of value, or to promise 1041
expressly or impliedly to make any such contribution or 1042
expenditure, in connection with an election for any constitutional 1043
amendment, local ballot measure, ballot referendum or other 1044
similar measures. 1045
( * * *3) No person shall knowingly solicit, accept or 1046
receive any such contribution from a foreign national nor shall 1047
any person knowingly aid or facilitate a violation of subsection 1048
(1) or (2) of this section. 1049
( * * *4) The term "foreign national" means: 1050
(a) A foreign national as defined in 22 USCS 611(b), 1051
except that the terms "foreign national" does not include any 1052
individual who is a citizen of the United States; or 1053
(b) An individual who is not a citizen of the United 1054
States and who is not lawfully admitted for permanent residence. 1055
(5) Whoever knowingly violates this section is guilty of a 1056
misdemeanor and upon conviction shall be punished by a fine in a 1057
sum equal to three (3) times the amount involved in the violation 1058
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or Ten Thousand Dollars ($10,000.00), whichever amount is greater, 1059
or imprisoned for not longer than six (6) months, or by both fine 1060
and imprisonment. The payment of such fine shall not be made from 1061
any campaign contributions. 1062
(6) If an unlawful contribution by a foreign national is 1063
unknowingly received, the value of the unlawful contribution shall 1064
be paid to the Secretary of State within thirty (30) days of 1065
discovery. Any person who fails to remit payment to the Secretary 1066
of State within thirty (30) days shall be subject to the penalties 1067
set forth in subsection (5) of this section. The Secretary of 1068
State shall remit any payment received to the Election Support 1069
Fund. 1070
SECTION 11. Section 23-15-821, Mississippi Code of 1972, is 1071
amended as follows: 1072
23-15-821. (1) The personal use of campaign contributions 1073
by any elected public officeholder or by any candidate for public 1074
office is prohibited. Personal use of campaign contributions by a 1075
political committee or a member of a political committee is also 1076
prohibited. 1077
(a) For the purposes of this section, "personal use" is 1078
defined as any use, other than expenditures related to gaining or 1079
holding public office, or performing the functions and duties of 1080
public office, for which the candidate for public office or 1081
elected public official would be required to treat the amount of 1082
the expenditure as gross income under Section 61 of the Internal 1083
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Revenue Code of 1986, 26 USC Section 61, or any subsequent 1084
corresponding Internal Revenue Code of the United States, as from 1085
time to time amended. "Personal use" shall not include donations 1086
to a political organization, or to a political action committee, 1087
or to another candidate. 1088
(b) "Candidate" shall mean any individual described in 1089
Section 23-15-801(b), and shall include any person having been a 1090
candidate until such time that the person takes office or files a 1091
termination report as provided in this section. 1092
(c) "Officeholder" shall mean any elected or appointed 1093
official from the beginning of his or her term of office until 1094
that person no longer holds office. 1095
(2) The following personal use expenditures are specifically 1096
prohibited under this section: 1097
(a) Any residential or household items, supplies or 1098
expenditures, including mortgage, rent or utility payments for any 1099
part of any personal residence where a homestead exemption is 1100
claimed of a candidate or officeholder or a member of the 1101
candidate's or officeholder's family; 1102
(b) Mortgage, rent or utility payments for any part of 1103
any nonresidential property that is owned by a candidate or 1104
officeholder or a member of a candidate's or officeholder's family 1105
and used for campaign purposes, to the extent the payments exceed 1106
the fair market value of the property usage; 1107
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(c) Funeral, cremation or burial expenses within a 1108
candidate's or officeholder's family; 1109
(d) Clothing, other than items of de minimis value that 1110
are used for gaining or holding public office or performing the 1111
functions and duties of public office; 1112
(e) Automobiles, except for automobile rental expenses 1113
and other automobile expenses related to gaining or holding public 1114
office or performing the functions and duties of public office; 1115
(f) Tuition payments within a candidate's or 1116
officeholder's family other than those associated with training 1117
campaign staff or associated with an officeholder's duties; 1118
(g) Salary payments to a member of a candidate's 1119
family, unless the family member is providing bona fide services 1120
to the campaign. If a family member provides bona fide services 1121
to a campaign, any salary payments in excess of the fair market 1122
value of the services provided is personal use; 1123
(h) Nondocumented loans of any type, including loans to 1124
candidates; 1125
(i) Travel expenses except for travel expenses of a 1126
candidate, officeholder or staff member of the officeholder for 1127
travel undertaken as an ordinary and necessary expense of gaining 1128
or holding public office, or performing the functions and duties 1129
of public office or for attending meetings or conferences of 1130
officials similar to the office held or sought, or for an issue 1131
the legislative body is or will consider, or attending a state or 1132
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national convention of any party. If a candidate or officeholder 1133
uses campaign contributions to pay expenses associated with travel 1134
that involves both personal activities and activities related to 1135
gaining or holding public office or performing the functions and 1136
duties of public office, the incremental expenses that result from 1137
the personal activities are personal use, unless the person(s) 1138
benefiting from this use reimburse(s) the campaign account within 1139
thirty (30) days for the amount of the incremental expenses; and 1140
(j) Payment of any fines, fees or penalties assessed 1141
pursuant to Mississippi law, except those civil penalties levied 1142
under this title against a political committee may be paid using 1143
campaign contributions. 1144
(3) Any expense that reasonably relates to gaining or 1145
holding public office, or performing the functions and duties of 1146
public office, is a specifically permitted use of campaign 1147
contributions. Such expenditures are not considered personal use 1148
expenditures and may include, but are not limited to, the 1149
following expenditures: 1150
(a) The defrayal of ordinary and necessary expenses of 1151
a candidate or officeholder, including expenses reasonably related 1152
to performing the duties of the office held or sought to be held; 1153
(b) Campaign office or officeholder office expenses and 1154
equipment, provided the expenditures and the use of the equipment 1155
can be directly attributable to the campaign or office held; 1156
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(c) Donations to charitable organizations, 1157
not-for-profit organizations or for sponsorships, provided the 1158
candidate or officeholder does not receive monetary compensation, 1159
other than reimbursements of expenses, from the recipient 1160
organization; 1161
(d) Gifts of nominal value and donations of a nominal 1162
amount made on a special occasion such as a holiday, graduation, 1163
marriage, retirement or death, unless made to a member of the 1164
candidate's or officeholder's family; 1165
(e) Meal and beverage expenses which are incurred as 1166
part of a campaign activity or as a part of a function that is 1167
related to the candidate's or officeholder's responsibilities, 1168
including meals between and among candidates and/or officeholders 1169
that are incurred as an ordinary and necessary expense of seeking, 1170
holding or maintaining public office, or seeking, holding or 1171
maintaining a position within the Legislature or other publicly 1172
elected body; 1173
(f) Reasonable rental or accommodation expenses 1174
incurred by an officeholder during a legislative session or a day 1175
or days in which the officeholder is required by his or her duties 1176
to be at the Capitol or another location outside the 1177
officeholder's county of residence. Such rental or accommodation 1178
expenses shall not exceed Fifty Dollars ($50.00) per day, if the 1179
officeholder receives per diem, or One Hundred Ninety Dollars 1180
($190.00) per day, if the officeholder receives no per diem. Any 1181
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expenses incurred under this paragraph (f) must be reported as an 1182
expenditure pursuant to this section; 1183
(g) Communication access expenses, including mobile 1184
devices and Internet access costs. Examples of communication 1185
access expenses include, but are not limited to, the following: 1186
captioning on television advertisements; video clips; sign 1187
language interpreters; computer-aided real-time (CART) services; 1188
and assistive listening devices; 1189
(h) Costs associated with memberships to chambers of 1190
commerce and civic organizations; 1191
(i) Legal fees and costs associated with any civil 1192
action, criminal prosecution or investigation related to conduct 1193
reasonably related to the candidacy or performing the duties of 1194
the office held. 1195
(4) Upon filing the termination report required under 1196
Section 23-15-807 showing a zero (0) dollar cash-on-hand balance, 1197
any campaign contributions not used to pay for the expenses of 1198
gaining or holding public office or performing the functions and 1199
duties of public office shall: 1200
* * * 1201
( * * *a) Be donated to a political organization, or to 1202
a political action committee, or to another candidate; 1203
( * * *b) Be transferred, in whole or in part, into a 1204
newly established political action committee or ballot question 1205
advocate; 1206
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( * * *c) Be donated to a tax-exempt charitable 1207
organization as that term is used in Section 501(c)(3) of the 1208
Internal Revenue Code of 1986, 26 USC Section 501, or any 1209
subsequent corresponding Internal Revenue Code of the United 1210
States, as from time to time amended; 1211
( * * *d) Be donated to the State of Mississippi; or 1212
( * * *e) Be returned to a donor or donors. 1213
(5) Any candidate for public office or any elected official 1214
who willfully violates this section shall be guilty of a 1215
misdemeanor and punished by a fine of One Thousand Dollars 1216
($1,000.00) and by a state assessment equal to the amount of 1217
misappropriated campaign contributions. The state assessment 1218
shall be deposited into the Public Employees' Retirement System. 1219
No fine or assessment imposed under this section shall be paid by 1220
a third party. 1221
(6) (a) Any contributions accruing to a candidate's or 1222
officeholder's campaign account before January 1, 2018, shall be 1223
exempt and not subject to the provisions of this section. All 1224
exempt contributions must be designated as exempt on all reports 1225
filed with the Secretary of State pursuant to the provisions of 1226
this chapter. 1227
(b) Should a candidate with exempt campaign finance 1228
contributions no longer hold office, the contributions shall be 1229
dispensed with and properly reported to the Secretary of State's 1230
Office within one (1) year after leaving office. 1231
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(7) The Mississippi Ethics Commission shall issue advisory 1232
opinions regarding any of the requirements set forth in this 1233
section. When any officeholder or candidate requests an advisory 1234
opinion, in writing, and has stated all of the facts to govern the 1235
opinion, and the Ethics Commission has prepared and delivered the 1236
opinion with references to the request, there shall be no civil or 1237
criminal liability accruing to or against any officeholder or 1238
candidate who, in good faith, follows the direction of the opinion 1239
and acts in accordance with the opinion, unless a court of 1240
competent jurisdiction, after a full hearing, judicially declares 1241
that the opinion is manifestly wrong and without any substantial 1242
support. No opinion shall be given or considered if the opinion 1243
would be given after judicial proceedings have commenced. 1244
All advisory opinions issued pursuant to the provisions of 1245
this subsection (7) shall be made public and shall be issued 1246
within ninety (90) days of written request. The request for an 1247
advisory opinion shall be confidential as to the identity of the 1248
individual making the request. The Ethics Commission shall, so 1249
far as practicable and before making public * * * an advisory 1250
opinion issued under the provisions of * * * this subsection (7), 1251
make such deletions and changes thereto as may be necessary to 1252
ensure the anonymity of the public official and any other person 1253
named in the opinion. 1254
SECTION 12. Candidates shall disclose the identity of any 1255
individual or entity from which the candidate or the candidate's 1256
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committee receives a loan or other extension of credit for use in 1257
his or her campaign and any cosigners for a loan or extension of 1258
credit. The candidate or the candidate's committee shall disclose 1259
how the loan or other extension of credit was used, and how and 1260
when the loan or other extension of credit is to be repaid and the 1261
method of repayment. The candidate or the candidate's committee 1262
shall disclose all loan documents related to such loans or 1263
extensions of credit. The outstanding balance of any loan shall be 1264
reported separately on the reports required under Section 1265
23-15-807. 1266
SECTION 13. (1) The candidate or treasurer of each 1267
candidate committee or political committee shall keep detailed 1268
accounts, current within not more than ten (10) business days 1269
after the date of receiving a contribution or making an 1270
expenditure, of all contributions received and all expenditures 1271
made by or on behalf of the candidate or committee. The candidate 1272
or treasurer shall also keep detailed accounts of all deposits and 1273
of all withdrawals made to the separate campaign depository 1274
account and of all interest earned on any such deposits. 1275
(2) Accounts kept by the candidate or treasurer of a 1276
political committee pursuant to this section may be inspected 1277
under reasonable circumstances before, during or after the 1278
election to which the accounts refer by any authorized 1279
representative of the Secretary of State. The right of inspection 1280
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may be enforced by appropriate writ issued by any court of 1281
competent jurisdiction. 1282
(3) Records of such accounts shall be preserved for four (4) 1283
years from the date of the contribution, expenditure, gift, 1284
investment or loan. If there are judicial proceedings, the record 1285
shall be retained as directed by the court. 1286
SECTION 14. (1) It shall be unlawful for any corporation, 1287
incorporated company or incorporated association, by whatever name 1288
it may be known, incorporated or organized under the laws of any 1289
state, or for any servant, agent, employee or officer thereof, to 1290
give, donate, appropriate or furnish directly or indirectly, any 1291
money, security, funds or property of said corporation, 1292
incorporated company or incorporated association, in excess of One 1293
Thousand Dollars ($1,000.00) per calendar year for the purpose of 1294
aiding any political party or any candidate for any public office, 1295
or any candidate for any nomination for any public office of any 1296
political party, or to give, donate, appropriate or furnish, 1297
directly or indirectly, any money, security, funds or property of 1298
said corporation, incorporated company or association in excess of 1299
One Thousand Dollars ($1,000.00) to any committee or person as a 1300
contribution to the expense of any political party or any 1301
candidate, representative or committee of any political party or 1302
candidate for nomination by any political party, or any committee 1303
or other person acting in behalf of such candidate. The limit of 1304
One Thousand Dollars ($1,000.00) for contributions to political 1305
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parties, candidates and committees or other persons acting on 1306
behalf of such candidates shall be an annual limitation applicable 1307
to each calendar year. The contribution limits of this subsection 1308
shall not apply to any independent expenditures made by any 1309
corporation, incorporated company, or incorporated association or 1310
an independent expenditure made by a political committee, other 1311
than a party political committee, receiving contributions from a 1312
corporation, incorporated company, or incorporated association. 1313
(2) Any candidate committee, or political party which 1314
accepts contributions from any corporation, incorporated company 1315
or incorporated association, or agent, officer or employee 1316
violating any of the provisions of this section, shall be assessed 1317
a civil penalty for each day or part of any day beginning with the 1318
sixth calendar day until the unlawful contribution is returned, up 1319
to a maximum of ten (10) days: 1320
(a) Candidates for statewide office shall be assessed a 1321
civil penalty of Five Hundred Dollars ($500.00) for each day. 1322
(b) Candidates for state district office shall be 1323
assessed a civil penalty of Two Hundred Fifty Dollars ($250.00) 1324
for each day. 1325
(c) Candidates for legislative office shall be assessed 1326
a civil penalty of One Hundred Dollars ($100.00) for each day. 1327
(d) Political committees shall be assessed a civil 1328
penalty of One Hundred Dollars ($100.00) for each day. 1329
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(3) The candidate committee or political party shall not be 1330
assessed a fine if the receiving entity returns the unlawful 1331
donation within five (5) days of receipt. Return date shall be 1332
the date of mailing or electronic transfer of funds. 1333
(4) The candidate shall be personally liable for the payment 1334
of the civil penalty assessment for nonjudicial candidates. The 1335
treasurer of any judicial candidate's authorized political 1336
committee shall be liable, and the chairman and treasurer of a 1337
political committee shall be jointly liable for any unlawful 1338
contributions. 1339
(5) (i) The candidate committee or political party shall 1340
not expend any contribution in excess of One Thousand Dollars 1341
($1,000.00) if received in violation of this section. Any 1342
candidate or any other person who willfully violates the 1343
provisions and prohibitions of this chapter shall be guilty of a 1344
misdemeanor and upon conviction shall be punished by a fine in a 1345
sum not to exceed Five Thousand Dollars ($5,000.00) or imprisoned 1346
for not longer than six (6) months, or by both fine and 1347
imprisonment. 1348
(ii) Any corporate contribution in excess of the 1349
limitations of this section not returned within thirty (30) days 1350
of receipt shall be remitted to the Secretary of State to be 1351
deposited in the Election Support Fund. 1352
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ST: Campaign finance; comprehensive reform of
laws pertaining to.
(6) The Attorney General shall bring such action at the 1353
request of the Secretary of State, and shall also take legal 1354
action as necessary for the collection of any levied assessments. 1355
SECTION 15. Sections 97-13-15 and 97-13-17, Mississippi Code 1356
of 1972, which prohibited political contributions by corporations 1357
and penalized illegal corporate contributions, are repealed. 1358
SECTION 16. Sections 12 through 14 shall be codified in 1359
Title 23, Chapter 15, Mississippi Code of 1972. 1360
SECTION 17. This act shall take effect and be in force from 1361
and after July 1, 2026. 1362