Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.11-004 - Rules on Independent Expenditures

Current through Register Vol. 49, No. 6, June, 2024
§
		  700
Definitions.
(a)
Contribution
- As used in these rules, the term
		  "contribution" means, whether direct or indirect, advances, deposits, or
		  transfers of funds, contracts, or obligations, whether or not legally
		  enforceable, payments, gifts, subscriptions, assessments, payment for services,
		  dues, advancements, forbearance, loans, pledge or promise of money or anything
		  of value, whether or not legally enforceable, to a candidate, committee, or
		  holder of elective office, made for the purpose of influencing the nomination
		  or election of any candidate.
"Contribution" includes the purchase of tickets for events such
			 as dinners, luncheons, rallies, and similar fundraising events; the granting of
			 discounts or rebates by television stations, radio stations, and newspapers not
			 extended on an equal basis to all candidates for the same office; and any
			 payments for the services of any person serving as an agent of a candidate or
			 committee by a person other than the candidate or committee or persons whose
			 expenditures the candidates or committee must report under these rules. The
			 term "contribution" further includes any transfer of anything of value received
			 by a committee from another committee. "Contribution" shall not include
			 noncompensated, nonreimbursed, volunteer personal services or travel.
"Contribution and expenditure" shall not include activity
			 sponsored and funded by a political party that meets the definition of
			 "political party" under Ark. Code Ann. §
									7-1-101 or the
			 requirements of Ark. Code Ann. §
									7-7-205
			 to promote its candidates or nominees through events such as dinners,
			 luncheons, rallies, or similar gatherings and shall not include nonpartisan
			 activity designed to encourage individuals to register to vote or to vote or
			 any communication by any membership organization to its members or stockholders
			 if the membership organization or corporation is not organized primarily for
			 the purpose of influencing the nomination for election or election of any
			 candidate.
(b)
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, made for the purpose of influencing the nomination or election of
		  any candidate.
"Contribution and expenditure" shall not include activity
			 sponsored and funded by a political party that meets the definition of
			 "political party" under Ark. Code Ann. §
									7-1-101 or the
			 requirements of Ark. Code Ann. §
									7-7-205
			 to promote its candidates or nominees through events such as dinners,
			 luncheons, rallies, or similar gatherings and shall not include nonpartisan
			 activity designed to encourage individuals to register to vote or to vote or
			 any communication by any membership organization to its members or stockholders
			 if the membership organization or corporation is not organized primarily for
			 the purpose of influencing the nomination for election or election of any
			 candidate.
(c)
Independent Expenditure
- As used in these
		  rules, the term "independent expenditure" means any expenditure which is not a
		  contribution and expressly advocates the election or defeat of a clearly
		  identified candidate for office; is made without arrangement, cooperation, or
		  consultation between any candidate or any authorized committee or agent of the
		  candidate and the person making the expenditure or any authorized agent of that
		  person; and is not made in concert with or at the request or suggestion of any
		  candidate or any authorized committee or agent of the candidate.
(d)
Independent
		  Expenditure Committee
- As used in these rules, the term
		  "independent expenditure committee" means any person who receives contributions
		  from one (1) or more persons in order to make an independent expenditure and is
		  registered pursuant to Ark. Code Ann. §
								7-6-227
		  prior to making expenditures.
(e)
Person
- As used in these rules, the
		  term "person" means any individual, proprietorship, firm, partnership, joint
		  venture, syndicate, labor union, business trust, company, corporation,
		  association, committee, or any other organization or group of persons acting in
		  concert. It shall also include a political party that meets the definition of a
		  political party under Ark. Code Ann. §
								7-1-101 or a
		  political party that meets the requirements of Ark. Code Ann. §
								7-7-205,
		  county political party committees, and legislative caucus committees.