Campaign finance.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0388

HOUSE BILL
NO.
HB0117

Campaign finance.

Sponsored by:
Representative(s) Throne, Hammons and Illoway and Senator(s) Case and Decaria

A BILL

for

AN ACT relating to
campaign finance reporting; modifying persons required to file campaign receipts reports; removing a requirement that contributors annually renew their consent to automatic contributions; requiring reporting from political action committees and candidate's campaign committees; requiring amendment of campaign finance reports as specified; providing and modifying criminal penalties;
and providing for an effective date.

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

Section 1.

W.S. 22
‑
25
‑
102(e), (h)
and
by creating new subsections (j) and (k), 22
‑
25
‑
106(a)(i) through (iii)
and
22
‑
25
‑
108(a), (c)
(intro)
and (d) are amended to read:

22
‑
25
‑
102.

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

(e)

Any corporation, person or organization violating the provisions of subsection (a), (b)
,

or
(c)
, (j) or (k)
of this section is
, upon conviction in a court
of competent jurisdiction
,
subject to a civil penalty up to ten thousand dollars ($10,000.00) and costs including a reasonable attorney's fee. The amount of penalty imposed shall be in such amount as will deter future actions of a similar nature.

An action to impose the civil penalty may be prosecuted by and in the name of any candidate adversely affected by the transgression, any political party, any county attorney, any district attorney or the attorney general.

Proceeds of the penalty collected shall be paid to the state treasurer and credited as provided in W.S. 8
‑
1
‑
109.

(h)

No organization of any kind, as specified in subsection (a) of this section, shall solicit or obtain contributions for any of the purposes specified in subsection (a) of this section from an individual on an automatic basis, including but not limited to a payroll deduction plan or reverse checkoff method, unless the individual who is contributing affirmatively consents in writing to the contribution
.

at least once in every calendar year.
Nothing in this subsection shall be construed to authorize contributions otherwise prohibited under this election code.

(
j
)

Except as otherwise provided in this section, no
political action committee
shall contribute directly or indirectly more than
one
thousand

dollars ($
1
,
0
00.00) 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.

For purposes of this subsection the primary, general and special elections shall be deemed separate elections. No 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 own funds nor from his candidate's campaign committee funds.

(k)

Contributions donated to a political action committee 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) of this section.

22
‑
25
‑
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:

(i)

Every candidate shall file a fully itemized statement of receipts at least seven (7) days before any primary, general or special election with information required by this subsection current to any day from the eighth day up to the fourteenth day before the election
. Any additional receipts of five hundred dollars ($500.00) or more received from any one (1) contributor, other than the candidate or the candidate's immediate family, shall be reported not later than the close of the following business day
;

(ii)

Every candidate, whether successful or not,

and every political action committee or candidate's campaign committee formed in this state which contributed money to a candidate during the current election
shall file a fully itemized statement of receipts and expenditures within ten (10) days after any general or special election;

(iii)

Every candidate in any primary election

and every political action committee or candidate's campaign committee formed in this state which contributed money to a candidate during the current election
shall file a fully itemized statement of receipts and expenditures within ten (10) days after the primary election;

22
‑
25
‑
108.

Failure of candidate or committee to file statement.

(a)

Candidates shall be given notice prior to an election that failure to file, within the time required, a full and complete itemized statement of receipts

if required pursuant to W.S. 22
‑
25
‑
107
and a statement of receipts and expenditures shall subject the candidate to civil penalties as provided in subsection (e) of this section.

(c)

In addition to any other penalty provided by law, a candidate who
fails

is convicted of failure
to file the statement required by W.S. 22
‑
25
‑
106 within thirty (30) days of the report due date is ineligible to run as a candidate for any state or local office for which a statement is required by W.S. 22
‑
25
‑
106 until:

(d)

Each political action committee

and each candidate's campaign committee
shall be given notice prior to an election that failure to file the statement may result in the filing of criminal charges against the committee's officers responsible for the filing.

Any officer of a political action committee

or candidate's campaign committee
who is responsible for filing a report and who knowingly and willfully fails to file a report as required or who knowingly and willfully subscribes to, makes or causes to be made a false report is guilty of a
felony

misdemeanor
punishable by imprisonment not to exceed
two (2) years

one (1) year
.

Section 2.

This act is effective
J
ul
y
1, 20
09
.

(END)

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HB0117