Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.07-001 - New Set of Rules on Ballot and Legislative Question Committees

Current through Register Vol. 49, No. 6, June, 2024
§ 600
DEFINITIONS
(a)
Ballot
		  Question
- As used in these rules, the term "ballot
		  question" means a question in the form of a statewide, county, municipal, or
		  school district initiative or referendum which is submitted or intended to be
		  submitted to a popular vote at an election, whether or not it qualifies for the
		  ballot.
(b)
(1)
Ballot Question
		  Committee
- As used in these rules, the term "ballot
		  question committee" means any person, located within or outside Arkansas, who
		  receives contributions for the purpose of expressly advocating the
		  qualification, disqualification, passage, or defeat of any ballot question, or
		  any person, other than an individual, located within or outside Arkansas, who
		  makes expenditures for the purpose of expressly advocating the qualification,
		  disqualification, passage, or defeat of any ballot question.
(2) A person other than an individual,
		  located within or outside Arkansas, also qualifies as a ballot question
		  committee if two percent (2%) or more of its annual revenues, operating
		  expenses, or funds are used to make a contribution or contributions to another
		  ballot question committee and if such contribution or contributions exceed ten
		  thousand dollars ($10,000) in value.
(c)
(1)
Contribution
- As used in these rules,
		  the term "contribution" means, whether direct or indirect, advances, deposits,
		  transfers of funds, contracts, or obligations, whether or not legally
		  enforceable, payments, gifts, subscriptions, assessments, payment for services,
		  dues, advancements, forbearance, loans, pledges or promises of money or
		  anything of value, whether or not legally enforceable, to a person receiving
		  same for the purpose of expressly advocating the qualification,
		  disqualification, passage, or defeat of a ballot question or the passage or
		  defeat of a legislative question.
(2) "Contribution" includes the purchase of
		  tickets for events, such as dinners, luncheons, rallies, and similar
		  fundraising events, and the granting of discounts or rebates by television and
		  radio stations and newspapers, not extended on an equal basis to all persons
		  seeking to expressly advocate the qualification, disqualification, passage, or
		  defeat of a ballot question or the passage or defeat of a legislative
		  question.
(3) "Contribution" shall
		  not include noncompensated, nonreimbursed volunteer personal services or
		  travel.
(d)
Contribution and Expenditure
- As used in
		  these rules, "contribution and expenditure" shall not include activities
		  designed solely to encourage individuals to register to vote or to vote, or any
		  communication by a bona fide church or religious denomination to its own
		  members or adherents for the sole purpose of protecting the right to practice
		  the religious tenets of the church or religious denomination, and "expenditure"
		  shall not include one made for communication by a person strictly with the
		  person's paid members or shareholders.
(e)
Disqualification of a
		  Ballot Question
- As used in these rules,
		  "disqualification of a ballot question" means any action or process, legal or
		  otherwise, which seeks to prevent a ballot question from being on the ballot at
		  an election.
(f)
Expenditure
- As used in these rules,
		  the term "expenditure" means a purchase, payment, distribution, gift, loan, or
		  advance of money or anything of value, and a contract, promise, or agreement to
		  make an expenditure, for goods, services, materials, or facilities for the
		  purpose of expressly advocating the qualification, disqualification, passage,
		  or defeat of a ballot question or the passage or defeat of a legislative
		  question.
(g)
In-kind Contribution
- As used in these rules,
		  the term "in-kind contribution" means a contribution of goods, services, or any
		  other thing of value, or its use, other than money and includes an agreement
		  made or other obligation incurred, whether legally enforceable or not, to make
		  such a contribution in the future. A person makes an "in-kind contribution"
		  whenever, in conjunction with the qualification, disqualification, passage, or
		  defeat of a ballot question or the passage or defeat of a legislative question,
		  such person purchases, sells or leases an item, or provides a service to or on
		  behalf of a ballot or legislative question committee without charge or for a
		  charge which is less than the fair market value of the item or service
		  provided. The difference between the fair market value and the charge shall be
		  the value of the in-kind contribution.
(h)
Legislative
		  Question
- As used in these rules, the term "legislative
		  question" means a question in the form of a measure referred by the General
		  Assembly, a quorum court, a municipality, or a school district to a popular
		  vote at an election.
(i)
(1)
Legislative Question
		  Committee
- As used in these rules, the term "legislative
		  question committee" means any person, located within or outside Arkansas, who
		  receives contributions for the purpose of expressly advocating the passage or
		  defeat of any legislative question or any person, other than an individual,
		  located within or outside Arkansas, who makes expenditures for the purpose of
		  expressly advocating the passage or defeat of any legislative
		  question.
(2) A person other than
		  an individual, located within or outside Arkansas, also qualifies as a
		  legislative question committee if two percent (2%) or more of its annual
		  revenues, operating expenses, or funds are used to make a contribution or
		  contributions to another legislative question committee and if such
		  contribution or contributions exceed ten thousand dollars ($10,000) in
		  value.
(j)
Person
- As used in these rules, the term
		  "person" means any individual, business, proprietorship, firm, partnership,
		  joint venture, syndicate, business trust, labor organization, company,
		  corporation, association, committee, or any other organization or group of
		  persons acting in concert. "Person" includes a public servant or governmental
		  body using public funds to expressly advocate the qualification,
		  disqualification, passage, or defeat of any ballot question or the passage or
		  defeat of any legislative question.
(k)
Political
		  Party
- As used in these rules, the term "political party"
		  means any group of voters which at the last preceding general election polled
		  for its candidate for Governor in the state or nominees for presidential
		  electors at least three percent (3%) of the entire vote cast for the office. No
		  group of electors shall assume a name or designation which is so similar in the
		  opinion of the Secretary of State to that of an existing political party as to
		  confuse or mislead the voters at an election. When any political party fails to
		  obtain three percent (3%) of the total votes cast at an election for the office
		  of Governor or nominees for presidential electors, it shall cease to be a
		  political party.
(l)
Qualification of a Ballot Question
- As used
		  in these rules, "qualification of a ballot question" means any action or
		  process, legal or otherwise, through which a ballot question obtains
		  certification to be on the ballot at an election.