Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.19-004 - 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.
(f)
Printed Campaign
		  Materials
-
(1) "Printed
		  campaign materials" means:
(A) Literature
		  mailed to an elector that is intended to or calculated to influence the vote of
		  an elector in an election in this state, including without limitation signs,
		  banners, flyers, and pamphlets; and
(B) Yard signs and push cards intended to or
		  calculated to influence the vote of an elector in an election in this
		  state.
(2) "Printed
		  campaign materials" does not mean political paraphernalia, including without
		  limitation stickers, buttons, pens, T-shirts, or other similar
		  trinkets.