Campaign finance revisions.

2018
STATE OF WYOMING
18LSO-0182
Numbered
1.2

HOUSE BILL

NO.
HB0067

Campaign finance revisions.

Sponsored by:
Joint Corporations, Elections & Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to elections; providing for general election contributions to political candidates not participating in primary elections to occur before a primary election; modifying requirements for filing campaign reports as specified; requiring the filing of campaign reports relating to electioneering communications; amending campaign advertising provisions; repealing provisions relating to political speech by certain organizations; repealing archaic language; making conforming amendments; and providing for an effective date.

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

Section
1
.

W.S.
22
‑
25
‑
101 by creating a new subsection (c),
22
‑
25
‑
102(c)
(i)(B)
,
(ii)(B)
and (k)(i)
,
22
‑
25
‑
105(a), 22
‑
25
‑
106(a)
(intro),
(i)
,
(iv), (b)(intro)
,

(i), (c)
, (e)
and (h), 22
‑
25
‑
107
(a)
(intro)
,

(vii),
(b), (c)
(intro)
,

(i) and (e)
,

22
‑
25
‑
110
and 22
‑
29
‑
501(f)
are amended to read:

22
‑
25
‑
101
.

Definitions; statement of formation.

(c
)

A
s used in this chapter:

(i)

"
E
lectioneering communication
"
means
, except as otherwise provided by paragraph (ii) of this subsection,
a
ny
communication,
including

an advertisement, which is publicly distributed as
a billboard,
brochure,

email, mailing,
magazine,
pamphlet
or periodical
,
as the
component of a
n

internet webs
ite

or newspaper
or by the facilities of a
cable television system, electronic communication
network
, internet streaming service,
radio station,
telephone or cellular system,
television station
or
satellite system
and which:

(A)

Refers to or depicts a clearly identified candidate for nomination or election to public office or a clearly identified ballot proposition and which
does not expressly advocate the nomination, election or defeat of the candidate or
the adoption or defeat of the
ballot proposition;

(B)

May only be reasonably interpreted as an appeal to vote for or against the candidate or ballot proposition;

(C)

Is made within thirty (30) calendar days of a primary election, sixty (60) calendar days of a general election or twenty
‑
one (21) calendar days of any special election during which the candidate or ballot proposition will appear on the ballot; and

(D)

Is targeted to the electors in the geographic area:

(I)

The candidate would represent if elected; or

(II)

Affected by the ballot proposition.

(ii)

"
Electioneerin
g communication
"
does not mean
:

(A)

A c
ommunication made by an
entity
as a component of a newsletter or other internal communication of the
entity
which is distributed only to members
or employees
of the
entity
;

(B)

A

communication consisting of a
news
report, commentary or editorial
or a similar communication,
consistent with the first amendment to the United States constitution
and article I, section 20 of the Wyoming constitution
,
which is
distributed as a component of a
n email,
internet website,
magazine
, newspaper or periodical
or by the facilities of a
cable television system, electronic communication network, internet streaming service, radio station, television station or satellite system;

(C)

A c
ommunication made as part of a public debate or forum that includes at least two (2) opposing candidates for public office or one (1) advocate and one (1) opponent of a ballot proposition or a
communication that promotes such a debate or forum and is made by or on behalf of the person sponsoring or hosting the debate or forum;

(D)

The
act of producing or distributing

an electioneering communication
.

(iii)

"
Independent expenditure
"
means an expenditure that is made without consultation or coordination with a candidate, candidate
'
s campaign committee or the agent of a candidate or candidate
'
s campaign committee and which expressly advocates the:

(A)

Nomination, election or defeat of a candidate; or

(B)

A
doption or defeat
of a ballot proposition.

22
‑
25
‑
102
.

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

(c)

Except as otherwise provided in this section, no individual other than the candidate, or the candidate
'
s immediate family shall contribute directly or indirectly:

(i)

To any candidate for statewide political office, or to any candidate for statewide political office
'
s candidate
'
s campaign committee:

(B)

For a candidate participating in a primary election, n
o contribution for the general election may be given prior to the date for the primary election.

(ii)

To any candidate for nonstatewide political office, or to any candidate for nonstatewide political office
'
s candidate
'
s campaign committee:

(B)

For a candidate participating in a primary election, n
o contribution for the general election may be given prior to the date for the primary election.

(k)

The prohibitions in this section shall not be construed to prohibit any organization of any kind including a corporation, partnership, trade union,
professional association or civic, fraternal or religious group or other profit or nonprofit entity from:

(i)

Exercising its first amendment rights to
make
cause electioneering communications or
independent expenditures
for speech expressly advocating the election or defeat of a candidate. For purposes of this subsection,
"
independent expenditure
"
means an expenditure that is made without consultation or coordination with a candidate or an agent of a candidate whose nomination or election the expenditure supports or whose opponent
'
s nomination or election the expenditure opposes
to be made
;

22
‑
25
‑
105
.

Campaign reporting forms; instructions and warning.

(a)

The secretary of state shall prescribe the forms for reporting contributions and expenditures for primary, general and special election campaigns, together with written instructions for completing the form and a warning that violators are subject to criminal charges
and
that a vacancy will exist
civil penalties

if the forms are not completed and filed pursuant to law.
Until January 1, 2010,
T
he forms along with instructions and warning shall be distributed to the county clerk and shall be
given
made available, whether
in electronic
or paper form
,
by the county clerk to each person filing an application for nomination in his office and to each political action committee and candidate
'
s campaign committee required to file with the county clerk.
Until January 1, 2010, the county clerk shall also distribute the reporting forms to the chairmen of the county party central committees.

22
‑
25
‑
106
.

Filing of campaign reports.

(a)

Except as otherwise provided in subsections (g) and (j) of this section and in addition to other
statements

reports
required by this subsection:

(i)

Every candidate
, whether successful or not,
shall file
a fully
an

itemized statement

of contributions

and expenditures
at least seven (7) days
but not more than fourteen (14) 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
Any contribution received or expenditure made
after the
statement
has been filed, through the day of the election, whether a primary, general or special election, shall be
filed as
an amendment to the
s
t
atement within ten (10) days after
the election
;

(iv)

Statements

Reports
under this subsection shall set forth the full and complete record of contributions including cash, goods or services and
except for statements of contributions required under paragraph (i) of this subsection, of
actual and promised expenditures, including all identifiable expenses as set forth in W.S. 22
‑
25
‑
103. For purposes of this section, a contribution is reportable when it is known and in the possession of, or the service has been furnished to, the person or organization required to submit a statement of
contributions or a statement of
contributions and expenditures. The date of each contribution of
twenty
‑
five dollars ($25.00)

one hundred dollars ($100.00)
or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All contributions under
twenty
‑
five dollars ($25.00)
one hundred dollars ($100.00)
shall be reported but need not be
itemized. Should the accumulation of contributions from an individual exceed the
twenty
‑
five dollar ($25.00)
one hundred dollar ($100.00)
threshold, all contributions from tha
t individual shall be itemized.
Contributions, expenditures and obligations itemized in a statement filed by a political action committee, a candidate
'
s campaign committee or by a political party central committee need not be itemized in a candidate
'
s statement
;
except by total with a reference to the statement;

(b)

Reports of itemized statements of
contributions and statements of
contributions and expenditures
,
and statements of termination shall be made with the appropriate filing officers specified under W.S. 22
‑
25
‑
107 and in accordance with the following:

(i)

Except as otherwise provided in this section, any political action committee, candidate
'
s campaign committee, or any political action committee formed under the law of another state that contributes to a Wyoming political action committee or to a candidate
'
s campaign committee,
any organization making an

independent expenditure

under W.S. 22
‑
25
‑
102(k),
and any
other
organization supporting or opposing any ballot proposition which expends any funds in any primary, general or special election shall file an itemized statement of contributions
at least seven (7) days before the election current to any day from the eighth day up to the fourteenth day before the election and shall also file a statement of contributions and expenditures within ten (10) days after a primary, general or special

and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special
election.
Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the
election
;

(c)

All
statements

reports
required by subsection (b) of this section shall be signed by both the chairman and treasurer. The
statements

reports
shall set forth the full and complete record of contributions including cash, goods or services and
except for statements of contributions required under paragraph (i) of this subsection, of
actual and promised expenditures. The date of each contribution of
twenty
‑
five dollars ($25.00)
one hundred dollars ($100.00)

or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. Nothing in this subsection shall be construed to require the disclosure of the names of individuals paid to circulate an initiative or referendum petition. All contributions under
twenty
‑
five dollars ($25.00)
one hundred dollars ($100.00)
shall be reported but need not be itemized. Should the accumulation of contributions from an individual exceed the
twenty
‑
five dollar ($25.00)
one hundred dollar ($100.00)
threshold, all contributions from that individual shall be itemized. If the contributions, expenditures or obligations were for more than one (1) candidate, the amounts attributable to each shall be itemized separately.

(e)

Amendments to the statements required by this section may be filed at any time.
If inaccuracies are found in
the statements

a statement
filed
in accordance with this section

or additional contributions or expenditures
occur or
become known after
the statements are filed

filing
an
amendment as required by paragraph (a)(i), (b)(i) or (h)(ii) of this section
,
amendments to the original statements or additional statements shall be filed within a
reasonable time not to exceed
ninety (90)

thirty (30)
days from the time the inaccuracies or additional contributions or expenditures became known.
For purposes of this subsection, a
ny net change less than
fifty dollars ($50.00)

two hundred
dollars ($
200
.00)
need not be reported.

(h)

In addition to any other report required by this section, an organization required
by

to file a report under
W.S. 22
‑
25
‑
110(c)
to report expenditures
shall report as follows:

(i)

The report shall identify the organization
making
that causes
the
electioneering communication or independent
expenditure
to be made
and the individual acting on behalf of the organization
in making
causing
the
communication or

expenditure
to be made, if applicable
;

(ii)

The report shall be filed at least seven (7) days
before the next

but no
t
more than fourteen (14) days before any
primary, general or special election
.

with information current to any day from the eighth day up to the fourteenth day before
Any contribution received or expenditure made after the statement has been filed,
through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after
the election
;

(iii)

If not previously reported, the report shall include the disclosure of any source of funding to the organization in excess of one thousand dollars ($1,000.00)
which is
exclusively
designated

to further the
communication or

expenditure.

22
‑
25
‑
107
.

Where
reports
to be filed.

(a)

All
statements

reports
required under this chapter shall be filed as follows:

(vii)

Any political action committee or organization supporting or opposing
any statewide initiative or referendum petition drive,
any statewide ballot proposition or any candidate for statewide office and any organization
making

causing an electioneering communication or
an independent expenditure
to be made
under W.S. 22
‑
25
‑
102(k) and filing pursuant to W.S.
22
‑
25
‑
106(b)(i) or (h)
22
‑
25
‑
110(c)

shall file statements required by this section with the secretary of state.

(b)

Statements

Reports
required to be filed at least seven (7) days before any primary, general or special election
and statements required to be filed after any primary, general or special election
shall be filed electronically.

(c)

Any
statement

report
s
required under this chapter to be filed with:

(i)

The secretary of state, shall be filed electronically as provided under W.S. 9
‑
2
‑
2501
;
if the secretary of state has adopted rules which allow for the electronic filing;

(e)

After December 31, 2009,
T
he secretary of state shall maintain a searchable database of reports filed pursuant to this chapter available to the public on or through the Internet, the World Wide Web or a similar proprietary or common carrier electronic system. The secretary of state shall be responsible for the provision
of training and instruction for filers on how to access and use the campaign finance electronic filing system. The training shall be for the purpose of educating filers about use of the system, and is not intended to assist filers with filing their reports.

22
‑
25
‑
110
.

Campaign advertising in communications media.

(a)

It is unlawful for a candidate, political action committee, organization, including organizations
making expenditures

causing an electioneering communication or an independent expenditure to be made
pursuant to W.S. 22
‑
25
‑
102(k), candidate
'
s campaign committee, or any political party central committee to pay for campaign literature or

campaign advertising
in any communication medium without printing or announcing the candidate, organization or committee sponsoring the campaign advertising or campaign literature. The communications media in using the campaign advertising shall print or announce the name of the candidate, organization or committee paying for the advertising.
without conspicuously displaying or speaking the following disclosure:
"
paid for
by (name of candidate, organization or committee sponsoring the campaign
literature
or campaign advertising
)
"
.

The disclosure set forth in this subsection shall be required in the following forms of campaign literature
or campaign advertising
:

(i)

Any printed campaign literature or campaign advertising including mailers, pamphlets, brochures, periodicals or billboards;

(ii)

Any campaign advertising appearing on the radio or distributed through a telephone or cellular system or other solely audial medium;

(iii)

Any campaign advertising appearing on television;

(iv)

Any paid placement of campaign advertising on the internet or other electronic communication network.

(b)

For purposes of this section,
"
campaign literature

or campaign advertising
"
does not include small campaign items such as tickets, bumper stickers, pens,
pencils, buttons, rulers, nail files, balloons and yard signs displaying the name of the candidate or office sought

and
any other items specified by
rule
of t
he secretary of state
.

(c)

Any organization
making
an

causing an electioneering communication or

independent

expenditure
to be made

pursuant to W.S. 22
‑
25
‑
102(k)
which is subject to this subsection
and
expends

in excess of five hundred dollars ($500.00)
on the communication or expenditure
shall report the expenditure as specified in W.S. 22
‑
25
‑
106(h).

22
‑
29
‑
501
.

Political action committees.

(f)

It is unlawful for a political action committee to pay for campaign literature or campaign advertising
in any communication medium
without
printing or announcing the committee sponsoring the campaign advertising or campaign literature. The communications media in using the campaign advertising shall print or announce the name of the committee paying for the advertising

displaying or speaking a disclosure in accordance with W.S. 22
‑
25
‑
110
.

Section 2
.

W.S. 22
‑
25
‑
102(d)
and
22
‑
25
‑
106(a)(ii)
,
(iii)
, (b)(iv)
and
(f)
are repealed.

Section
3
.

This act is effective July 1, 201
8
.

(END)

1
HB0067