Wyoming campaign access law.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0141

HOUSE BILL
NO.
HB0134

Wyoming

campaign access
law.

Sponsored by:
Representative(s) Zwonitzer

A BILL

for

AN ACT relating to elections; providing for voluntary entry into a program to fund campaigns through donations; regulating campaign practices; limiting campaign expenditures; creating a voter information commission; providing conforming amendments; restricting campaign advertising rates; providing a statement of purpose; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 22
‑
25
‑
201 through 22
‑
25
‑
230 are created to read:

ARTICLE 2
WYOMING

CAMPAIGN ACCESS
LAW

22
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25
‑
201.

Definitions.

(a)

As used in this act:

(i)

"Allowable contribution" means a qualifying contribution or a seed money contribution, or a limited in-kind contribution to a participating candidate from that candidate's political party as specified in W.S. 22
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25
‑
225
(b);

(ii)

"Excess expenditure amount" means the amount of money spent or obligated to be spent by a nonparticipating candidate in excess of the
campaign access
amount available to a participating candidate running for the same office;

(iii)

"Exploratory period" means the period beginning the day following the previous general election for that office and ending on the last day of the qualifying period. The exploratory period is the period during which candidates who wish to become eligible for
campaign access
funding for the next elections are permitted to raise and spend a limited amount of private seed money, in contributions of up to one hundred dollars ($100.00) per individual, for the purpose of "testing the waters" and fulfilling the
campaign access
eligibility requirements. The exploratory period begins before, but extends to the end of, the qualifying period;

(iv)

"General election campaign period" means the period beginning the day after the primary election and ending on the day of the general election;

(v)

"Independent candidate" means a candidate who does not represent a political party that has been granted ballot status and holds a primary election to choose its nominee for the general election;

(vi)

"Mass mailings" are mailings of two hundred (200) or more identical or nearly identical pieces of mail sent by candidates or elected officials to the voters, residents or postal box-holders within the jurisdiction candidates are seeking to represent. Mass mailings do not include:

(A)

Mailings made in direct response to communications from persons or groups to whom the matter is mailed;

(B)

Mailings to federal, state or local government officials; or

(C)

News releases to the communications media.

(vii)

"Nonparticipating candidate" means a candidate who is on the ballot but has chosen not to apply for
campaign access
campaign funding, or a candidate who is on the ballot and has applied but has not satisfied the requirements for receiving
campaign access
funding;

(viii)

"Participating candidate" means a candidate who qualifies for
campaign access
campaign funding. Participating candidates are eligible to receive
campaign access
funding during primary
and
general election campaign periods;

(ix)

"Party candidate" means a candidate who represents a political party that has been granted ballot status and holds a primary election to choose its nominee for the general election;

(x)

"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee and any other organization or group of persons acting in concert;

(xi)

"Primary election campaign period" means the period beginning ninety (90) days before the primary election and ending on the day of the primary election;

(xii)

"Qualifying contribution" means either a contribution of five dollars ($5.00) that is received during the designated qualifying period by a candidate seeking to become eligible for
campaign access
campaign funding, or a signed affidavit of indigence, to be made available to candidates by the secretary of state, stating that the signer is unable to afford a five dollar ($5.00) contribution. Contributors, including persons who sign affidavits of indigence, shall be legal adult residents of the electoral district or state in which the candidate is running. Five dollar ($5.00) qualifying contributions shall be made in cash, or by personal check or money order, made out to the candidate's campaign committee. All qualifying contribution mon
ies
shall be submitted by the candidate's campaign committee to the secretary of state for deposit in the
campaign access
fund;

(xiii)

"Qualifying period" means the period during which candidates are permitted to collect qualifying contributions in order to qualify for
campaign access
funding. The qualifying period begins ninety (90) days before the beginning of the primary election campaign period and ends thirty (30) days before the day of the primary election;

(x
i
v)

"Seed money contribution" means a contribution of no more than one hundred dollars ($100.00) made by an individual adult during the exploratory period and specifically excludes:

(A)

Payments by a membership organization for the costs of communications to its members;

(B)

Payments by a membership organization for the purpose of facilitating the making of qualifying contributions; and

(C)

Volunteer activity, including the payment of incidental expenses by volunteers.

(xv)

"This act" means the Wyoming
Campaign Access
A
ct, W.S. 22
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25
‑
201 through 22
‑
25
‑
230.

2
2
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25
‑
202.

Eligibility for
campaign access
campaign funding for party candidates.

(a)

A party candidate shall qualify as a participating candidate for the primary election campaign period if:

(i)

He files a declaration with the secretary of state that he has complied and will comply with all of the requirements of this act, including the requirement that during the exploratory period and the qualifying period the candidate not accept or spend private contributions from any source other than seed money contributions and
campaign access
qualifying contributions, except as provided in W.S. 22
‑
25
‑
204; and

(ii)

He meets the following qualifying contribution requirements before the close of the qualifying period:

(A)

The party candidate has collected at least the following number of qualifying contributions:

(I)

Three thousand (3
,
000) qualifying contributions for a candidate running for statewide elected office;

(II)

Fifty (50) qualifying contributions for a candidate running for state house of representatives office;

(III)

One hundred (100) qualifying contributions for a candidate running for state senate office; and

(B)

Each

qualifying contribution, whether in the form of five dollars ($5.00) or a signed affidavit of indigence shall be acknowledged by a receipt to the contributor, with a copy submitted to the secretary of state by the candidate. The receipt shall include the contributor's signature, printed name, home address, and telephone number, and the name of the candidate on whose behalf the contribution is made. In addition, the receipt shall indicate whether the qualifying contribution is in the form of five dollars ($5.00) or an affidavit of indigence, and by the contributor's signature the receipt shall indicate that the contributor understands that the purpose of the qualifying contribution is to help the candidate qualify for
campaign access
campaign funding and that the contribution is made without coercion or reimbursement;

(C)

A contribution submitted as a qualifying contribution that does not include a signed and fully completed receipt shall not be counted as a qualifying contribution;

(D)

All five dollar ($5.00) qualifying contributions, whether in the form of cash, checks or money orders made out to the candidate's campaign account, shall be deposited by the candidate in his campaign account; and

(E)

All qualifying contribution receipts shall be sent to the secretary of state for deposit in the
campaign access
fund and shall be accompanied by a check from the candidate's campaign account for the total amount of qualifying contribution mon
ies
received. This submission shall be accompanied by a signed statement from the candidate indicating that all of the information on the qualifying contribution receipts is complete and accurate to the best of the candidate's knowledge and that the amount of the enclosed check is equal to the sum of all the five dollar ($5.00) qualifying contributions the candidate has received.

(b)

A party candidate qualifies as a participating candidate for the general election campaign period if:

(i)

He met all of the applicable requirements and filed a declaration with the secretary of state that he has fulfilled and will fulfill all of the requirements of a participating candidate as provided in this act; and

(ii)

As a participating candidate during the primary election campaign period, he had the highest number of votes of the candidates contesting the primary election from his respective party and, hence, won the party's nomination.

22
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25
‑
203.

Eligibility for
campaign access
campaign funding for independent candidates.

(a)

An independent candidate shall qualify as a participating candidate for the primary election campaign period if:

(i)

He files a declaration with the secretary of state that he has complied and will comply with all of the requirements of this act, including the requirement that during the exploratory period and the qualifying period the candidate not accept or spend private contributions from any source other than seed money contributions and
campaign access
qualifying contributions, except as provided in W.S. 22
‑
25
‑
204; and

(ii)

He meets the following qualifying contribution requirements before the close of the qualifying period:

(A)

The independent candidate has collected at least the following number of qualifying contributions:

(I)

Three thousand (3
,
000) qualifying contributions for a candidate running for statewide elected office;

(II)

Fifty (50) qualifying contributions for a candidate running for state house of representatives office;

(III)

One hundred (100) qualifying contributions for a candidate running for state senate office; and

(B)

Each qualifying contribution shall be:

(I)

Acknowledged by a receipt to the contributor, with a copy submitted to the secretary of state by the candidate. The receipt shall indicate, by the contributor's signature, that the contributor understands that the purpose of the contribution is to help the candidate qualify for
campaign access
campaign funding. The receipt shall include the contributor's signature, printed name, home address, and telephone number, and the name of the candidate on whose behalf the contribution is made; and

(II)

Submitted, with a signed and completed receipt, to the secretary of state according to a schedule and procedure to be determined by the secretary of state. A contribution submitted as a qualifying contribution that does not include a signed and fully completed receipt shall not be counted as a qualifying contribution.

(b)

An independent candidate shall qualify as a participating candidate for the general election campaign period if:

(
i
)

Prior to the primary election he has met all of the applicable requirements of this legislation and filed a declaration with the secretary of state that he has fulfilled and will fulfill all of the requirements of a participating candidate as stated in this act; and

(
ii
)

During the primary election campaign period he has fulfilled all the requirements of a participating candidate as stated in this act.

22
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25
‑
204.

Transition.

(a)

During the first election cycle that occurs after the effective date of this act, a candidate may be certified as a participating candidate, notwithstanding the acceptance of contributions or making of expenditures from private funds before the date of enactment that would otherwise disqualify the candidate as a participating candidate provided that any private funds accepted but not expended before the effective date of this act shall be:

(i)

Returned to the contributor;

(ii)

Held in a special campaign account and used only for retiring a debt from a previous campaign; or

(iii)

Submitted to the secretary of state for deposit in the
campaign access
fund.

22
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25
‑
205.

Continuing obligation to comply.

A participating candidate who accepts any benefits during the primary election campaign period shall comply with all the requirements of this act through the general election campaign period whether he continues to accept benefits or not.

22
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25
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206.

Contributions and expenditures.

(a)

During the primary
and
general election campaign periods, a participating candidate who has voluntarily agreed to participate in and has become eligible for
campaign access
benefits shall not accept private contributions from any source other than the candidate's political party as specified in W.S. 22
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25
‑
225 of this act.

(b)

During the primary
and
general election campaign periods, a participating candidate who has voluntarily agreed to participate in and has become eligible for
campaign access
benefits shall not solicit or receive political contributions for any other candidate or for any political party or other political committee.

(c)

No person shall make a contribution in the name of another person. A participating candidate who receives a qualifying contribution or a seed money contribution that is not from the person listed on the receipt required by W.S. 22
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25
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202(a)(ii)(B) or 22
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25
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210
(c) shall be liable to pay the secretary of state the entire amount of the inaccurately identified contribution, in addition to any penalties.

(d)

During the primary
and
general election campaign periods, a participating candidate shall pay for all of his campaign expenditures, except petty cash expenditures, by means of a "
campaign access
debit card" issued by the secretary of state, as provided under W.S. 22
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25
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224
.

(e)

Eligible candidates shall furnish complete campaign records, including all records of seed money contributions and qualifying contributions, to the secretary of state at regular filing times, or on request by the secretary of state. Candidates shall cooperate with any audit or examination by the secretary of state.

22
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25
‑
207.

Campaign accounts for participating candidates.

(a)

During an election cycle, each participating candidate shall conduct all campaign financial activities through a single campaign account.

(b)

A participating candidate may maintain a campaign account other than the campaign account described in subsection (a) of this section if the other campaign account is for the purpose of retiring a campaign debt that was incurred during a previous election campaign in which the candidate was not a participating candidate.

(c)

Contributions for the purposes of retiring a previous campaign debt that are deposited in the kind of other campaign account described in subsection (b) of this section shall not be considered contributions to the candidate's current campaign.

(d)

Participating candidates shall file reports of financial activity related to the current election cycle separately from reports of financial activity related to previous election cycles.

22
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25
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208.

Use of
campaign access
funds.

(a)

Participating candidates shall use their
campaign access
funds only for direct campaign purposes. Expenditures for direct campaign purposes include but are not limited to:

(i)

Written materials, pins, bumper stickers, handbills, brochures, posters, yard signs, newsletters and tabloids;

(ii)

Travel expenses including mileage reimbursement and lodging when out of town;

(iii)

Communication expenses, advertising, purchase of media space and time, direct mail services, postage, telephone banks and calling services and long-distance charges;

(iv)

Headquarters expenses, including lease and utility expenses;

(v)

Expenses of volunteers, food for staff and volunteers and staff salaries and other compensation;

(vi)

Office supplies;

(vii)

Accounting, reporting, clerical, campaign advisory and other consulting services; and

(viii)

Public relations expenses.

(b)

A participating candidate shall not use
campaign access
funds for:

(i)

Costs of legal defense in any campaign law enforcement proceeding under this act;

(ii)

Indirect campaign purposes, including but not limited to:

(A)

The candidate's personal support or compensation to the candidate or the candidate's family;

(B)

The candidate's personal appearance;

(C)

Capital assets having a value in excess of five hundred dollars ($500.00) and useful life extending beyond the end of the current election period determined in accordance with generally accepted accounting principles;

(D)

A contribution or loan to the campaign committee of another candidate or to a party committee or other political committee;

(E)

An independent expenditure;

(F)

Any gift in excess of twenty-five dollars ($25.00) per person;

(G)

Any payment or transfer for which compensating value is not received.

(c)

Upon written request from a participating candidate, the secretary of state shall determine whether a planned campaign expenditure or fundraising activity is a permissible expenditure of
campaign access
funds under this act. To make a request, a candidate shall submit a description of the planned expenditure or activity to the secretary of state. The secretary of state shall inform the candidate whether an enforcement action will be necessary if the candidate carries out the planned expenditure or activity. The secretary of state shall ensure that the candidate can rely on a "no action" letter. A "no action" letter applies only to the candidate who requested it.

22
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25
‑
209.

Use of personal funds.

(a)

Personal funds contributed as seed money by a candidate seeking to become eligible as a participating candidate or adult members of his family shall not exceed the maximum of one hundred dollars ($100.00) per contributor.

(b)

Personal funds shall not be used to meet the qualifying contribution requirement except for one (1) five dollar ($5.00) contribution from the candidate himself and one (1) five dollar ($5.00) contribution from the candidate's spouse, provided that the candidate and his spouse are registered voters who reside in the candidate's electoral district.

22
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25
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210.

Seed money.

(a)

The only private contributions a candidate seeking to become eligible for
campaign access
funding shall accept, other than qualifying contributions and limited in-kind contributions from the candidate's political party as specified in W.S. 22
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25
‑
225
are seed money contributions contributed by individual adults prior to the end of the qualifying period.

(b)

A seed money contribution shall not exceed one hundred dollars ($100.00) per donor, and the aggregate amount of seed money contributions accepted by a candidate seeking to become eligible for
campaign access
funding shall not exceed:

(i)

Fifteen thousand dollars ($15,000.00) for a candidate running for the office of statewide elective office;

(ii)

Five hundred dollars ($500.00) for a candidate running for state house of representatives office; or

(iii)

Five hundred dollars ($500.00) for a candidate running for state senate office.

(c)

Receipts for seed money contributions under twenty-five dollars ($25.00) shall only include the contributor's signature, printed name and address. Receipts for seed money contributions of twenty-five dollars ($25.00) or more shall include the contributor's signature, printed name, street address and zip code, telephone number, occupation and name of employer. Contributions shall not be accepted if the required disclosure information is not received.

(d)

Seed money shall be spent only during the exploratory and qualifying periods. Seed money shall not be spent during the primary
or
general election campaign periods.

(e)

Within forty-eight (48) hours after the close of the qualifying period, candidates seeking to become eligible for
campaign access
funding shall:

(i)

Fully disclose all seed money contributions and expenditures to the secretary of state; and

(ii)

Turn over to the secretary of state for deposit in the
campaign access
fund any seed money he has raised during the exploratory period that exceeds the aggregate seed money limit.

22
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25
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211.

Certification.

(a)

No more than five (5) days after a candidate applies for
campaign access
benefits, the secretary of state shall certify that the candidate is or is not eligible. Eligibility may be revoked if the candidate violates the requirements of this act, in which case all
campaign access
funds shall be repaid.

(b)

The candidate's request for certification shall be signed by the candidate and his campaign treasurer under penalty of perjury.

(c)

The secretary of state's determination is final except that it is subject to judicial review under the Wyoming
A
dministrative
P
rocedure
A
ct.

22
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25
‑
212.

B
enefits provided to candidates eligible to receive
campaign access
money.

(a)

Candidates who qualify for
campaign access
funding for primary
and
general elections shall:

(i)

Receive
campaign access
funding from the secretary of state for each election, the amount of which is specified in W.S. 22
‑
25
‑
214. This funding may be used to finance any and all campaign expenses during the particular campaign period for which it was allocated;

(ii)

Receive additional
campaign access
funding to match any excess expenditure amount spent by a nonparticipating candidate, as specified in W.S. 22
‑
25
‑
217(d);

(iii)

Receive additional
campaign access
funding to match any independent expenditure made in opposition to their candidacies or in support of their opponents' candidacies, as specified in W.S. 22
‑
25
‑
219(d), provided that the dollar value of the independent expenditure, combined with the amount raised or received thus far by any opposing candidate who benefits from the independent expenditure, exceeds the original
campaign access
funding amount received by the participating candidate.

(b)

The maximum aggregate amount of additional funding a participating candidate shall receive to match independent expenditures and excess expenditures of nonparticipating candidates shall be two

hundred percent (200%) of the original amount of
campaign access
funding allocated to a participating candidate for a particular primary
or
general election campaign period.

22
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25
‑
213.

Schedule of
campaign access
funding payments.

(a)

An eligible party candidate shall receive his
campaign access
funding for the primary election campaign period on the date on which the secretary of state certifies the candidate as a participating candidate. This certification shall take place no later than five (5) days after the candidate has submitted the required number of qualifying contribution receipts, a check for the total amount of qualifying contributions collected, and a declaration stating that he has complied with all other requirements for eligibility as a participating candidate, but no earlier than the beginning of the primary election campaign period.

(b)

An eligible party candidate shall receive his
campaign access
funding for the general election campaign period within forty-eight (48) hours after certification of the primary election results.

(c)

An eligible independent candidate shall receive his
campaign access
funding for the primary election campaign period on the date on which the secretary of state certifies the candidate as a participating candidate. This certification shall take place no later than five (5) days after the candidate has submitted the required number of qualifying contribution receipts, a check for the total amount of qualifying contributions collected and a declaration stating that he has complied with all other requirements for eligibility as a participating candidate, but no earlier than the beginning of the primary election campaign period.

(d)

An eligible independent candidate shall receive his
campaign access
funding for the general election campaign period within forty-eight (48) hours after certification of the primary election results.

22
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25
‑
214.

Determination of
campaign access
funding amounts.

(a)

For eligible party candidates:

(i)

The amount of
campaign access
funding for an eligible party candidate in a contested primary election is:

(A)

One hundred
eighty
thousand dollars ($1
8
0,000.00) for a candidate running for the office of statewide elective office;

(B)

T
hree
thousand dollars ($
3
,000.00) for a candidate running for state house of representatives office; or

(C)

Six
thousand dollars ($
6
,000.00) for a candidate running for state senate office.

(ii)

The
campaign access
funding amount for an eligible party candidate in an uncontested primary election is twenty-five percent (25%) of the amount provided in a contested primary election;

(iii)

In a contested general election, if an eligible party candidate or all of the candidates of his party combined received at least
twenty
percent (20%) of the total number of votes cast for all candidates seeking that office in the just-held primary election or in the previous general election, the candidate shall receive the full amount of
campaign access
funding for the general election, which is:

(A)

One hundred eighty thousand dollars ($180,000.00) for a candidate running for the office of statewide elective office;

(B)

Three thousand dollars ($3,000.00) for a candidate running for state house of representatives office; or

(C)

Six thousand dollars ($6,000.00) for a candidate running for state senate office.

(iv)

In a contested general election, if an eligible party candidate or all of the candidates of his party combined received at least five percent (5%) but less than twenty percent (20%) of the total number of votes cast for all candidates seeking that office in the just-held primary election or in the previous general election, the candidate shall receive a portion of the full amount of
campaign access
funding based on the ratio that their vote percentage is to twenty percent (20%). If an eligible party candidate or all of the candidates of his party combined received less than five percent (5%) of the total number of votes cast for all candidates seeking that office in the just-held primary election or in the previous general election, the candidate shall receive no
campaign access
funding;

(v)

The
campaign access
funding amount for an eligible party candidate in an uncontested general election is ten percent (10%) of the amount provided in a contested general election for the same office
.

(b)

For eligible independent candidates:

(i)

The
campaign access
funding amount for an eligible independent candidate in a primary election is twenty-five percent (25%) of the amount received by a party candidate in a contested primary election;

(ii)

The
campaign access
funding amount for an eligible independent candidate in the general elections is the same as the full amount received by a party candidate in the general election.

(c)

After the first election cycle under this act, the secretary of state shall modify all
campaign access
funding amounts based on the rate of inflation or the cost-of-living (COLA) index.

22
‑
25
‑
215.

Expenditures made with
campaign access
funds.

(a)

The
campaign access
funding received by a participating candidate shall be used only for the purpose of defraying that candidate's campaign-related expenses during the particular election campaign period for which the
campaign access
funding was allotted.

(b)

Payments shall not be used:

(i)

In violation of the law; or

(ii)

To make any personal, family or business expenditures or loans, or to repay any personal, family or business loans or debts.

22
‑
25
‑
216.

Campaign accounts for nonparticipating candidates.

(a)

During an election cycle, each nonparticipating candidate shall conduct all campaign financial activities through a single campaign account.

(b)

A nonparticipating candidate may maintain a campaign account other than the campaign account described in subsection (a) of this section if the other campaign account is for the purpose of retiring a campaign debt that was incurred during a previous election campaign in which the candidate was not a participating candidate.

(c)

Contributions for the purposes of retiring a previous campaign debt that are deposited in the kind of "other campaign account" described in subsection (b) of this section shall not be considered "contributions" to the candidate's current campaign.

22
‑
25
‑
217.

Disclosure of excess spending by nonparticipating candidates.

(a)

If a nonparticipating candidate's total expenditures or obligations to make expenditures exceed the amount of
campaign access
funding allocated to his
campaign access
opponent, he shall declare to the secretary of state within forty-eight (48) hours of receipt of the expenditure every excess expenditure amount which, in the aggregate, is more than one thousand dollars ($1,000.00).

(b)

During the last twenty (20) days before the end of the relevant campaign period, a nonparticipating candidate shall declare to the secretary of state each excess expenditure amount over five hundred dollars ($500.00) within twenty-four (24) hours of when the expenditure is made or obligated to be made.

(c)

The secretary of state may make his own determination as to whether excess expenditures have been made by nonparticipating candidates.

(d)

Upon receiving an excess expenditure declaration or determining that an excess expenditure has been made, the secretary of state shall immediately release additional
campaign access
funding to the opposing participating candidate equal to the excess expenditure amount the nonparticipating candidate has spent or has obligated to spend, subject to the limit set forth in W.S. 22
‑
25
‑
212(b).

22
‑
25
‑
218.

Definition of independent expenditure.

(a)

The term "independent expenditure" means an expenditure made by a person or group other than a candidate or candidate's authorized committee that:

(i)

Advocates the election or defeat of a candidate; and

(ii)

Is made without the participation or cooperation of and without coordination with a candidate or candidate committee.

(b)

Expenditures that advocate the election or defeat of a candidate include all costs of designing, producing or disseminating a communication that contains phrases such as "vote for", "re-elect", "support", "cast your ballot for", "(name of candidate) for (name of office)", "(name of candidate) in (year)", "vote against", "defeat", "reject", or contains campaign slogans or individual words that in context can have no reasonable meaning other than to recommend the election or defeat of one
(1)
or more clearly identified candidates.

(c)

Costs incurred in designing, producing or disseminating a communication are presumed to advocate the election or defeat of a candidate if the communication names or depicts one (1) or more clearly identified candidates, is disseminated during the forty-five (45) calendar days before a primary election or during the sixty (60) calendar days before a general election, and the costs exceed one thousand dollars ($1,000.00).

(d)

In any proceeding to enforce compliance with requirements pertaining to expenditures, an individual or entity presumed to have made an expenditure advocating the election or defeat of a candidate under subsection (c) of this section shall have an opportunity to rebut the presumption and the secretary of state shall bear the burden of proof.

(e)

Individuals or entities intending to disseminate a communication during the forty-five (45) calendar days before a primary election or during the sixty (60) calendar days before a general election that names or depicts one (1) or more clearly identified candidates and costs in excess of one thousand dollars ($1,000.00) may submit the communication to the secretary of state in advance of its dissemination, with a request for an advisory opinion as to whether the secretary of state is likely to consider the communication an independent expenditure. The secretary of state shall issue the advisory opinion within three (3) days of receiving the request.

(f)

The term "independent expenditure" does not include:

(i)

Any news story, commentary or editorial by a broadcasting station, newspaper, magazine or other publication, provided the entity is not owned by or affiliated with any candidate or candidate committee; or

(ii)

Any newsletter or other communication whose circulation is limited to an organization's members, employees, shareholders, other affiliated individuals and those who request or purchase the internal publication.

(g)

The term "coordination" as used in this section means a payment made for a communication or anything of value that is for the purpose of influencing the outcome of an election and that is made:

(i)

By a person in cooperation, consultation or concert with, at the request or suggestion of, or pursuant to a particular understanding with a candidate, a candidate's authorized committee or an agent acting on behalf of a candidate or authorized committee;

(ii)

By a person for the dissemination, distribution or republication, in whole or in part, of any broadcast or any written, graphic or other form of campaign material prepared by a candidate, a candidate's authorized committee or an agent of a candidate or authorized committee;

(iii)

Based on specific information about the candidate's plans, projects or needs provided to the person making the payment by the candidate or the candidate's agent who provides the information with a view toward having the payment made;

(iv)

By a person if, in the same election cycle in which the payment is made, the person making the payment is serving or has served as a member, employee, fundraiser or agent of the candidate's authorized committee in an executive or policy-making position;

(v)

By a person if the person making the payment has served in any formal policy or advisory position with the candidate's campaign or has participated in strategic or policy-making discussions with the candidate's campaign relating to the candidate's pursuit of nomination for election, or election, to an office, in the same election cycle as the election cycle in which the payment is made; and

(vi)

By a person if the person making the payment retains the professional services of an individual or person who, in a nonministerial capacity, has provided or is providing campaign-related services in the same election cycle to a candidate who is pursuing the same nomination or election as any of the candidates to whom the communication refers.

(h)

The term "professional services" includes services in support of a candidate's pursuit of nomination for election, or election, to an office such as polling, media advice, direct mail, fundraising or campaign research.

22
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25
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219.

Disclosure of independent expenditures; additional
campaign access
funding to respond to independent expenditures.

(a)

Subject to the exception in subsection (e) of this section, any person or persons who make or obligate to make an independent expenditure during a primary
or
general election campaign period which, in the aggregate, exceeds one thousand dollars ($1,000.00) shall report each expenditure within seven (7) days to the secretary of state.

(b)

The report to the secretary of state shall include a signed statement by the person or persons making the independent expenditure identifying the candidate or candidates whom the independent expenditure is intended to help elect or defeat and affirming that the expenditure is totally independent and involves no cooperation or coordination with a candidate or a political party.

(c)

An individual or organization may file a complaint with the secretary of state if he or the organization believes that a statement provided under subsection (b) of this section is false. The secretary of state shall make a prompt determination about such a complaint.

(d)

Any individual or organization that fails to file the required report to the secretary of state or provides materially false information in that report may be fined up to three (3) times the amount of the independent expenditure. The criminal penalties contained in W.S. 22
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25
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230
shall not apply to any violations of this section.

(e)

Any person who makes or obligates to make an independent expenditure during the last twenty (20) days before the end of the relevant campaign period which, in the aggregate, exceeds five hundred dollars ($500.00) shall report each expenditure within twenty-four (24) hours to the secretary of state.

(f)

Upon receiving a report that an independent expenditure has been made or obligated to be made, the secretary of state shall immediately release additional
campaign access
funding, equal in amount to the cost of the independent expenditure, to all participating candidates whom the independent expenditure is intended to oppose or defeat, as set forth in this section provided that:

(i)

The dollar value of the independent expenditure, combined with the amount raised or received thus far by any opposing candidate who benefits from the independent expenditure, exceeds the original
campaign access
funding amount received by the participating candidate; and

(ii)

The maximum aggregate amount of additional funding a participating candidate shall receive to match independent expenditures and the excess expenditures of nonparticipating candidates is no more than two hundred percent (200%) of the participating candidate's initial
campaign access
funding allocation for the relevant office.

22
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25
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220.

Voter information commission.

(a)

The secretary of state shall establish and administer a nonpartisan voter information commission consisting of representatives of nonprofit organizations, political parties, the media and interested citizens.

(b)

The voter information commission shall be authorized to establish a voter information program for the purpose of providing voters with election-related information and fostering political dialogue and debate.

(c)

The voter information commission shall organize the publication and distribution of a voter information guide that includes important information about candidates appearing on the ballot, including biographical material submitted by the candidates, whether candidates are funding their campaigns with public money or private money, policy statements by the candidates and their political parties on issues designated by the commission and other issues, and, when pertinent, candidates' voting records.

22
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25
‑
221.

Limit on use of franking privilege.

(a)

Except as provided in subsection (b) of this section, an elected official shall not mail any mass mailings as franked mail during the period between
April
1 of the election year and the date of the general election for that office, unless the candidate has made a public announcement that he will not be a candidate for re-election to that office or to any other state-wide office during that election cycle.

(b)

The normal franking privilege for elected officials shall remain applicable to mailings not covered under the definition of "mass mailing".

22
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25
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222.

Nature and purposes of
campaign access
fund.

A special, dedicated, nonlapsing
campaign access
fund shall be established for the purpose of
p
roviding public financing for the election campaigns of certified participating candidates during primary
and
general
election
campaign periods
.

22
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25
‑
223.

Sources of revenue for
campaign access
fund.

(a)

There is created an account called the
campaign access
fund.

(b)

Sources of revenue to be deposited in the fund shall include:

(i)

The qualifying contributions required of candidates seeking to become certified as participating candidates according to the provisions of W.S. 22
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25
‑
202 and candidates' excess qualifying contributions;

(ii)

The excess seed money contributions of candidates seeking to become certified as participating candidates, as defined by W.S. 22
‑
25
‑
210;

(iii)

Unspent funds distributed to any participating candidate who does not remain a candidate until the primary
or
general election for which they were distributed, or such funds that remain unspent by a participating candidate following the date of the primary
or
general election for which they were distributed;

(iv)

Fines levied by the election commission against candidates for violation of election laws;

(v)

Voluntary donations made directly to the
campaign access
fund;

(vi)

Any interest generated by the fund; and

(vii)

Any other sources of revenue determined as necessary by the legislature.

22
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25
‑
224.

Administration and dispersal of money from the fund.

(a)

Upon determination that a candidate has met all the requirements for becoming a participating candidate as provided for in this act, the secretary of state shall issue to the candidate a card, known as the "
campaign access
debit card
"
, and a "line of debit" entitling the candidates and members of the candidate's staff to draw
campaign access
funds from a secretary of state account to pay for all campaign costs and expenses up to the amount of
campaign access
funding the candidate has received.

(b)

Neither a participating candidate nor any other person on behalf of a participating candidate shall pay campaign costs by cash, check, money order, loan or by any other financial means besides the
campaign access
debit card.

(c)

Cash amounts of one hundred dollars ($100.00) or less per week may be drawn on the
campaign access
debit card and used to pay expenses of no more than twenty-five dollars ($25.00) each. Records of all such expenditures shall be maintained and reported to the secretary of state.

22
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25
‑
225.

Political party contributions and expenditures.

(a)

Participating candidates may accept monetary or in-kind contributions from political parties provided that the aggregate amount of such contributions from all political party committees combined does not exceed the equivalent of twenty percent (20%) of the original
campaign access
financing allotment for that office for that election.

(b)

In-kind contributions made during a general election campaign period on behalf of a group of the party's candidates shall not be considered an improper party contribution or count against the twenty percent (20%) limit established in subsection (a) of this section provided that such group includes at least three (3) candidates, or fifty-one percent (51%) of the total number of candidates, whichever is more, whose names will appear on the general election ballot in the political subdivision represented by the party committee making such in-kind contributions.

(c)

Expenditures by a political party that are made to or on behalf of one (1) or more of the party's candidates during primary
and
general campaign periods shall be reported to the secretary of state by the party committee making the expenditure.

(d)

Nothing in this section or this act shall prevent political party funds from being used for:

(i)

General operating expenses of the party;

(ii)

Conventions;

(iii)

Nominating and endorsing candidates;

(iv)

Identifying, researching and developing the party's positions on issues;

(v)

Party platform activities;

(vi)

Noncandidate-specific voter registration;

(vii)

Noncandidate-specific get-out-the-vote drives;

(viii)

Travel expenses for noncandidate party leaders and staff; and

(ix)

Other noncandidate-specific party building activities.

22
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25
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226.

Other provisions.

(a)

Citizens who believe a candidate has violated this act may pursue a civil action in a court of relevant jurisdiction, provided that:

(i)

They have previously filed a complaint regarding the same alleged violation with the secretary of state; and

(ii)

The secretary of state has failed to make a determination within thirty (30) days of the filing of the complaint.

(b)

Any party which wins a civil action charging any violation of this act shall be entitled to receive reasonable attorney's fees and court costs from the defendant party or parties.

(c)

If a court in which a civil action has been filed under subsection (a) of this section finds that the complaint in that action was made frivolously or without cause, the court may require the complainant to pay the costs of the secretary of state, the court and the defendant parties.

(d)

Actions brought by the secretary of state may be reviewed by the court that has appropriate jurisdiction. Petitions for review shall be filed within sixty (60) days after the secretary of state determination.

22
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25
‑
227.

Reports.

The secretary of state shall report fully to the legislature after each election cycle. The report shall include a detailed summary of all seed money contributions, qualifying contributions and benefits received and expenditures made, by all participating candidates. The report shall also include a summary and evaluation of the secretary of state's activities and recommendations relating to the implementation, administration and enforcement of this act.

22
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25
‑
228.

Rules, regulations and procedures.

Consistent with the provisions of this act and other applicable law, the secretary of state may adopt, amend and rescind rules, regulations and procedures necessary to carry out the purposes and provisions of this act.

22
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25
‑
229.

Repayments of excess expenditures.

(a)

If a participating candidate spends or obligates to spend more than the
campaign access
funding the candidate is given, and if such is determined not to be an amount that had or could have been expected to have a significant impact on the outcome of the election, then the candidate shall repay to the
campaign access
fund an amount equal to the excess.

(b)

If a participating candidate spends or obligates to spend more than the
campaign access
funding the candidate is given, and if such is determined by the secretary of state to be an amount that had or could have been expected to have a significant impact on the outcome of the election, then the candidate shall repay to the
campaign access
fund an amount equal to ten (10) times the value of the excess.

22
‑
25
‑
230.

Penalties.

(a)

It is a violation of this act for candidates to knowingly accept more benefits than those to which they are entitled, spend more than the amount of
campaign access
funding they have received or misuse such benefits o
f

campaign access
funding.

(b)

If it is determined by a court that the violation was intentional and involved an amount that had or could have been expected to have a significant impact on the outcome of the election, the candidate may be fined up to twenty-five thousand dollars ($25,000.00), imprisoned for up to five (5) years, or both.

(c)

If it is determined by a court that the violation was intentional and involved an amount that had or could have been expected to have a significant impact on the outcome of the election, and if, in the judgment of the secretary of state, the violation is believed to have contributed to the violator winning the election, a person may contest the election under the provisions of W.S. 22
‑
17
‑
101 through 22
‑
17
‑
114.

(d)

It is a violation of this act to knowingly provide false information to the secretary of state and to conceal or withhold information from the secretary of state. The penalty is a fine of up to five thousand dollars ($5,000.00) per violation, imprisonment for five (5) years, or both.

Section 2.
W.S. 22
‑
17
‑
101(a) by creating a new paragraph (vi), 22
‑
25
‑
102(a), (b), (c) and (f), 22
‑
25
‑
103(b), 22
‑
25
‑
104, 22
‑
25
‑
106(a)
(intro)
and 22
‑
25
‑
112 are amended to read:

22
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17
‑
101.

Right to contest elections; exception; grounds.

(a)

A qualified elector may contest the right of a person declared elected to an office in the elector's county, municipality, district or precinct, other than the office of state legislator,
United States
president and vice-president and presidential elector, on the following grounds:

(vi)

The person whose election is contested violated the provisions of W.S. 22
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25
‑
201 through 22
‑
25
‑
230.

22
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25
‑
102.

Contribution of funds or election assistance restricted; limitation on contributions; right to communicate; civil penalty.

(a)

Except as otherwise provided in this
section
chapter
, no organization of any kind including a corporation, partnership, trade union, professional association or civic, fraternal or religious group or other profit or nonprofit entity except a political party, political action committee or candidate's campaign committee organized under W.S. 22
‑
25
‑
101, directly or indirectly through any officer, member, director or employee, shall contribute funds, other items of value or election assistance to aid, promote or prevent the nomination or election of any candidate or group of candidates or to aid or promote the interests, success or defeat of any political party. No person shall solicit or receive a payment or contribution from an organization prohibited from making contributions under this subsection.

(b)

Except as otherwise provided in this
section
chapter
, only a natural person, political party, or a political action committee or a candidate's campaign committee organized under W.S. 22
‑
25
‑
101 shall contribute funds or election assistance in order to aid, promote or prevent the nomination or election of any candidate or group of candidates, or in order to aid or promote the interests, success or defeat of any political party. No person shall solicit or receive a political payment or contribution from any source other than a natural person, political party, political action committee or candidate's campaign committee organized under W.S. 22
‑
25
‑
101.

(c)

Except as otherwise provided in this
section
chapter
, no individual other than the candidate, or the candidate's immediate family shall contribute directly or indirectly, more than one thousand dollars ($1,000.00) per election during the two (2) year period consisting of a general election year and the preceding calendar year to any candidate for political office, or to any candidate's campaign committee, nor make more than twenty-five thousand dollars ($25,000.00) total political contributions during the same two (2) year period. For purposes of this subsection the primary, general and special elections shall be deemed separate elections.
Except as otherwise provided in this chapter, n
o candidate for political office shall accept, directly or indirectly, contributions which violate this subsection. Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate. This subsection does not limit political contributions by political parties, nor expenditures by a candidate from his or her own funds nor from his or her candidate's campaign committee funds.

(f)

Except as otherwise provided in this chapter, d
irect contributions from any organization affiliated with a political party do not violate subsection (a) of this section. These contributions shall be a matter of internal party governance. Contributions to political parties are not subject to the limits of subsection (c) of this section provided the contributions are available to use as the appropriate party authorities choose and are not exclusively dedicated to any particular candidate. Contributions donated to a political party which are designated by the donor to be used only for a particular candidate and no other purpose are subject to the limitations of subsection (c) and of this section.

22
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25
‑
103.

Identifiable expenses; exceptions.

(b)

Except as otherwise provided in this chapter, s
taff and postage expenses of a political party central committee, checking account service charges of a political action committee and a candidate's personal campaign expenses for travel and meals and checking account service charges are not identifiable expenses.

22
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25
‑
104.

Restriction on party funds in primary elections.

Except as otherwise provided in this chapter, n
o political party funds shall be expended directly or indirectly in the aid of the nomination of any one person as against another person of the same political party running in the primary election.

22
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25
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106.

Filing of campaign reports.

(a)

Except as otherwise provided in subsection (g) of this section and in addition to other statements required by this subsection

and this chapter
:

22
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25
‑
112.

Campaign advertising rates.

(a)

Rates charged for political campaign advertising shall not be higher than rates charged for local advertising of the same quality and quantity.

(b)

Television and radio stations shall provide rate cards with detailed descriptions of the rates charged for political advertising. In addition, broadcast stations shall disclose to all candidates how they calculated the rates they are charging.

Section
3
.
This act is effective
November
1, 2006.

(END)

1
HB0134