reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.2 - Political Committees and Candidates › Rule 44.11.240 - CONSEQUENCES FOR FAILURE TO FILE REQUIRED STATEMENTS, REPORTS, OR DISCLOSURES

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner, following inspection of the candidate or committee's required
				statements, disclosures, or reports or lack thereof, may take actions,
				including any of the following:
(a) declare
				the statement, disclosure, or report to be incomplete or inadequate and require
				the preparation of a new statement, disclosure, or report, as provided in
				13-37-121 and
				13-37-123, MCA;
(b) require the production of a candidate or
				committee's campaign records, accounts, books, correspondence, memoranda, bank
				account statements, or any other information as provided in
				13-37-111 and
				13-37-123, MCA;
(c) reclassify a political committee as
				provided in ARM 44.11.204;
(d)
				issue an order of noncompliance as provided in
				13-37-121, MCA;
(e) provide notice to the Secretary of State
				or other election administrator that a candidate's name should be withheld from
				a primary election ballot as provided in
				13-37-126, MCA;
(f) provide notice to the Secretary of State
				or other election administrator that a certificate of nomination or election
				should be withheld following the general election as provided in
				13-37-127, MCA;
(g) issue a finding of sufficient evidence of
				violation of Montana's Campaign Practice and Finance laws after an
				investigation authorized by
				13-37-111 and
				13-37-123, MCA;
(h) initiate a civil or criminal court action
				to enforce Montana's Campaign Practice and Finance laws as provided by
				13-37-128, MCA;
(i) request the District Court to remove an
				elected official from office, if the official is found by the court to have
				violated the laws as provided in
				13-35-106, MCA;
(j) request that the District Court void an
				election pursuant to
				13-35-107, MCA; or
(k) any other action allowed by statute to
				carry out the purposes of Montana's 1975 Campaign Finance and Candidate
				Disclosure Act as provided by sec. 1, Ch. 480, L. 1975.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.301 - UNIFORM SYSTEM OF ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Each person
				required to file reports pursuant to Title 13, chapter 37, MCA, and these
				rules, shall maintain a system of accounts as prescribed and published in
				manual form by the commissioner. The manual may be obtained without cost and
				upon request from the commissioner , P.O. Box 202401, Helena, Montana
				59620-2401, telephone (406) 444-2942, or online at
www.politicalpractices.mt.gov
.
(2) The uniform system of accounts provides,
				on a current basis, the detail and summary information necessary for preparing,
				directly from the accounting records, the reports required by Title 13, chapter
				37, MCA, and these rules.
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-117, MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.302 - STATEMENTS AND REPORTS, FILING

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in this rule, each statement and report required by Title 13, chapters
				35 and 37, MCA, and these rules shall be filed on forms prescribed by the
				commissioner. The forms may be obtained without cost and upon request from the
				commissioner, P.O. Box 202401, Helena, Montana 59620-2401, telephone (406)
				444-2942. The forms may also be downloaded from the office's web site at
http://www.politicalpractices.mt.gov
.
(a) Pursuant to
				13-37-226, MCA, candidates for a
				state office filled by a statewide vote of all the electors of Montana,
				incidental committees, independent committees, and ballot issue committees
				shall file all reports electronically.
(b) Political party committees that receive a
				contribution or make an expenditure supporting or opposing a candidate for
				statewide office or a statewide ballot issue shall file all reports
				electronically in accordance with the procedure described in this
				rule.
(c) Except as provided in
				(2), the following candidates shall also file all reports electronically:
(i) candidates for the legislature;
(ii) candidates for the public service
				commission; and
(iii) candidates
				for district court judge.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.303 - AMENDMENTS TO STATEMENTS AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Amendments
				correcting a report filed pursuant to
				13-37-225 and
				13-37-226, MCA, for a previous
				reporting period shall be filed as soon as possible following the date upon
				which the person filing the report became aware of the inaccuracy. The
				correction shall identify the date of the report and schedule containing the
				information to be corrected and the reason for the correction.
(2) Any material change in information
				previously submitted in a statement of candidate or statement of organization
				filed pursuant to
				13-37-201 or
				13-37-205, MCA, and ARM 44.11.201
				and 44.11.220 shall be reported by filing an amended statement with the
				commissioner within five business days after the change.
(3) Candidates and committees who
				electronically file with the commissioner using the CERS system may use the
				"Update or Amend Report" button to immediately submit a correction to a
				previous report.
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-201,
					 13-37-205,
					 13-37-225,
					 13-37-226,
					 13-37-229,
					 13-37-232,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.304 - LOCAL CANDIDATES AND POLITICAL COMMITTEES RECEIVING OR EXPENDING LESS THAN $500

Current through Register Vol. 13, July 5, 2024
(1) If a local
				candidate or a political committee which is specifically organized to support
				or oppose a particular local candidate or local issue anticipates receiving
				contributions in a total amount of less than $500 and anticipates making
				expenditures in a total amount of less than $500 for all elections in a
				campaign, the candidate or an officer of the political committee shall file an
				affidavit of such intent at the same time the statement of candidate or
				statement of organization is filed as required by
				13-37-201 and
				13-37-205, MCA.
(2) If a local candidate or an officer of a
				local political committee files an affidavit pursuant to this rule and
				subsequently receives contributions in a total amount or makes expenditures in
				a total amount in excess of $500 for all elections in a campaign, such
				candidate or officer shall, within five business days of the date when such
				expenditures or contributions exceed $500, file an initial report disclosing
				all contributions and expenditures to that date and shall file all future
				reports required by
				13-37-226, MCA.
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-226,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.305 - NONRESIDENT AND FEDERALLY FILING COMMITTEES, REPORTS

Current through Register Vol. 13, July 5, 2024
(1) As used in this
				rule, "federally filing committee" means any committee that files reports with
				the federal election commission on a monthly or quarterly basis pursuant to the
				Federal Election Campaign Act of 1971, as amended.
(a) If a federally filing committee's reports
				filed with the federal election commission fully disclose the source and
				disposition of all contributions and expenditures used in elections in Montana,
				the commissioner shall accept copies of such reports in lieu of the periodic
				reports prescribed by the Campaign Finances and Practices Act. Such reports
				need to be filed with the commissioner only for periods in which a federally
				filing committee receives contributions from Montana sources or makes
				expenditures in elections in Montana. A copy of a statement of organization
				(FEC Form 1) shall accompany the first report, and copies of any amendments
				thereto shall be filed with the commissioner.
(b) This rule does not affect the duty of any
				such committee under 52 USCS Sec. 30113 to file copies of reports with the
				Montana Secretary of State.
(c) If
				a federally filing committee cannot satisfy the requirements set forth in these
				rules, it shall file reports on the COPP's forms for the periods in which the
				committee makes expenditures and contributions in elections in Montana. Such
				reports shall contain the information required by
				13-37-229 through
				13-37-232, MCA, and these
				rules.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.3 - Filing › Rule 44.11.306 - COMMITTEE SEMIANNUAL AND CLOSING REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), independent, incidental, ballot issue, and political party
				committees that are not required to file semiannual reports in March and
				September shall file a year-end closing report pursuant to
				13-37-226, MCA. The closing date
				of books for the report is December 31 and the report shall be filed with the
				commissioner no later than January 31.
(a)
				The report shall cover all contributions received and expenditures made since
				the closing date of books for the most recently filed report.
(b) The closing date of books for the report
				shall mark the cutoff date for the purpose of computing aggregate contributions
				and expenditures, and future reports shall use that date as a beginning point
				for the purpose of aggregation.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.401 - CONTRIBUTION - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term
				"contribution" as defined in
				13-1-101, MCA, includes:
(a) each contribution as described in
				13-37-229 and
				13-37-232, MCA;
(b) The purchase of tickets or admissions to,
				or advertisements in journals or programs for testimonial or fund raising
				events, including, but not limited to dinners, luncheons, cocktail parties, and
				rallies held to support or oppose a candidate, issue, or political
				committee;
(c) a candidate's own
				money used on behalf of his or her candidacy, except as provided in
				13-1-101, MCA;
(d) an in-kind contribution, as defined in
				ARM 44.11.403 and 44.11.503; and
(e) a coordinated expenditure, as defined in
				ARM 44.11.501 and 44.11.602.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.402 - CONTRIBUTIONS, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) A contribution
				becomes a contribution on the date it is received; or, in the case of an
				in-kind contribution, on the date the consideration is received by the
				candidate or political committee.
(2) A contribution received by check drawn on
				a joint checking account shall be deemed and reported as a contribution from
				the person signing the check, unless otherwise specified in writing at the time
				the contribution is received.
(3)
				In the case of property held jointly by a candidate and another, a contribution
				therefrom will be presumed to be a contribution from the candidate so long as
				the property was owned jointly prior to the time that the candidate became a
				candidate as defined in
				13-1-101(5) ,
				MCA.
(4) A contribution shall be
				reported for the reporting period during which it is received.
(5) For the purposes of
				13-37-226, MCA, the report
				required to be filed within two business days shall be filed as follows:
(a) it shall be electronically filed within
				two business days after the receipt thereof, to the commissioner's office; or
(b) if the candidate or committee
				faxes in a report and fails to file the original report with the COPP, the
				candidate or committee thereby acknowledges the signature on the fax has the
				same force and effect as the original signature on the report or
				statement.
(c) It shall be reported
				again on the post-election report.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.403 - IN-KIND CONTRIBUTION, REPORTING AND VALUATION

Current through Register Vol. 13, July 5, 2024
(1) A candidate or
				political committee shall report an in-kind contribution on the appropriate
				reporting schedule and shall describe what was received consistent with the
				reporting requirements specified in ARM
				44.11.402.
(2) A candidate who makes personal
				expenditures benefitting his or her campaign, shall also report and disclose
				the expenditures as in-kind contributions or loans to the campaign, see ARM
				44.11.501.
(3) The total value of the
				services, property, or rights contributed in-kind shall be deemed to have been
				consumed in the reporting period in which received.
(4) The value of an in-kind contribution
				shall be calculated and recorded in writing. The written record is a campaign
				record as defined by
				13-37-208,
				MCA. The calculation and written record shall show one of the following values
				for the in-kind contribution:
(a) the actual
				monetary cost, value or worth of the item of property, right or service
				contributed at the time of the in-kind contribution;
(b) if there is no actual cost or value as
				set out in (a), then the reasonable fair market value of the item of property,
				right or service based on an appropriate comparison made at the time of the
				in-kind contribution;
(c) in the
				event that the candidate or ballot committee paid for a portion of the value
				established by (b), then the difference between the amount paid and the value
				set by (b); or
(d) in the event
				that, due to extraordinary circumstances it is not appropriate or possible to
				determine the value set by (b), then a precise description must be made of the
				property, right or service received by the candidate or ballot committee.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.404 - EARMARKED CONTRIBUTION, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of
				13-37-217,
				13-37-229, and
				13-37-232, MCA, and these rules,
				an "earmarked contribution" is a contribution made with the express, implied,
				oral, written, direct, or indirect designation or instruction, that all or part
				of it be transferred to or expended on behalf of a specified candidate, ballot
				issue committee, political party committee, independent committee, or petition
				for nomination. An earmarked contribution is the same as a designated
				contribution.
(2) A contribution is
				not earmarked when it is to be used solely at the discretion of the initial
				recipient.
(3) An earmarked
				contribution shall be reported as follows:
(a)
				the intermediary candidate or political committee receiving an earmarked
				contribution shall report it pursuant to the provisions of ARM 44.11.402 and
				shall:
(i) report it as an "earmarked
				contribution"; and
(ii) report the
				name and address of the candidate or political committee for which the
				earmarked contribution is ultimately intended; and
(iii) inform the candidate or political
				committee ultimately receiving the transfer of the earmarked contribution of
				the full name and mailing address (and occupation and principal place of
				business, if any) of the original contributor.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.405 - LOANS AS CONTRIBUTIONS, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Loans to a
				candidate are subject to the same limits as contributions and are aggregated
				into a candidate's total contributions pursuant to
				13-37-216 and
				13-37-218, MCA; except limits do
				not apply to contributions or a loan made by a candidate to his or her own
				campaign.
(2) For the purposes of
				Title 13, chapter 37, MCA, and these rules, a loan shall be reported as
				follows:
(a) a candidate or political
				committee shall report a loan on the appropriate reporting schedule and, in
				addition to the reporting requirements specified in ARM 44.11.402, shall
				identify it as to its purpose.
(i) The terms
				and conditions of all loans, including an oral agreement to lend money, shall
				be reduced to writing and the terms and conditions of the loan included in the
				documents to be retained and made available for inspection.
(ii) Any loan agreement must be signed by the
				candidate or political committee and the person or entity making the loan at
				the time the loan is made, or, if the initial agreement is an oral agreement,
				within five business days thereafter.
(iii) A written loan agreement must be signed
				prior to any transfer of funds.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.406 - MASS COLLECTIONS AT FUNDRAISING EVENTS, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of
				13-37-229,
				MCA:
(a) "Mass collections" made at a
				fundraising event include the proceeds received from passing the hat or from
				the sale of items such as campaign pins, flags, emblems, hats, banners, raffle
				tickets, auction items, refreshments, baked goods, admission tickets and
				similar items sold at a dinner, rally, auction, dance, bake sale, rummage sale
				or similar fundraising event, provided that mass collections do not include the
				proceeds of purchases of $50 or more for any candidate or political
				committee.
(b) "Itemized account of
				proceeds" means the date and approximate number of individuals in attendance at
				a fund-raising event, a description of the method utilized to gain the proceeds
				of a mass collection (i.e.; passing the hat, sale of raffle tickets, auction
				items, etc.) and the total amount received from each method utilized.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.407 - CASH CONTRIBUTION, RECEIPT

Current through Register Vol. 13, July 5, 2024
(1) No candidate or
				political committee shall receive a cash contribution in excess of $25 unless
				the candidate or political committee prepares a receipt. Such receipt shall
				contain the following information:
(a) The
				full name and mailing address (occupation and principal place of business, if
				any) of the contributor.
(b) The
				date the contribution was received.
(c) The name of the person who received the
				contribution on behalf of the candidate or political committee.
(d) The exact amount of the
				contribution.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.408 - ELECTRONIC CONTRIBUTIONS, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) A candidate or
				political committee may accept electronic contributions from online payment
				service providers and payment gateways as contributions.
(a) A contribution made through a payment
				gateway, such as Bitcoin or other electronic peer-to-peer systems, shall be
				converted to U.S. dollars at the prevailing rate within twenty-four hours of
				receipt.
(b) A contribution made
				through an online service provider, such as Paypal or Google Wallet, shall be
				deposited in the campaign account.
(c) Any electronic contribution shall be
				deposited in the designated campaign account within five business days of
				actual receipt or conversion.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.4 - Reporting Contributions › Rule 44.11.409 - MONETARY DEPOSITS AND EXPENDITURES, ONLY THROUGH DEPOSITORY

Current through Register Vol. 13, July 5, 2024
(1) Any candidate or agent of any candidate
				or political committee who receives a contribution on behalf of a candidate or
				political committee shall, before the end of the fifth business day, transfer
				it to the campaign treasurer with full disclosure of the source, as required by
				13-37-229
				and
				13-37-232,
				MCA, and ARM
				44.11.404
				and
				44.11.407.
(2) All funds received by the campaign
				treasurer shall be deposited as specified in
				13-37-207,
				MCA, except that funds received prior to and on the fifth day before the date
				of filing of any report shall be deposited and reported on that
				report.
(3) All expenditures shall
				be made by check drawn on the designated depository.
(4) All expenditures shall be drawn on the
				designated campaign depository by check, debit card, wire transfer, or other
				electronic means that clearly identifies the person receiving the payment, and
				no check or other withdrawal shall be drawn payable to the order of
				cash.
(5) All records shall be kept
				current and available for inspection as provided in
				13-37-111,
				13-37-208,
				and
				13-37-209,
				MCA.
AUTH:
					 13-37-114, MCA;
					 IMP:
					 13-37-111,
					 13-37-205,
					 13-37-207,
					 13-37-208,
					 13-37-209,
					 13-37-226,
					 13-37-229,
					 13-37-231,
					 13-37-232,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.501 - EXPENDITURE - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term
				"expenditure" as defined in
				13-1-101,
				MCA, includes:
(a) each expenditure as
				described in
				13-37-229
				and
				13-37-232,
				MCA;
(b) expenses incurred by a
				candidate or political committee with respect to polls, surveys, and the
				solicitation of funds for reportable election activity;
(c) expenses incurred in the drafting,
				printing, distribution, and collection of signatures for any petition for
				nomination or a ballot issue;
(d) a
				candidate's own expense, except as provided in
				13-1-101,
				MCA, and as further explained in (4);
(e) payment of interest on a loan or other
				credit received;
(f) an in-kind
				expenditure, as defined in (2);
(g)
				expenses incurred by a candidate while engaged in campaign activity for
				reasonable and necessary child-care expenses;
(h) an independent expenditure, as defined in
				(3); and
(i) a coordinated
				expenditure, as defined in (4).
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.502 - EXPENDITURES, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) A campaign
				expense paid personally by an individual in his or her own campaign is always
				coordinated with, and is a campaign expense of, the campaign that must be
				reported and disclosed as an expense by the campaign in the same manner as an
				expense paid through the campaign depository account.
(2) An obligation to pay for a campaign
				expenditure is incurred on the date the obligation is made, and shall be
				reported as a debt of the campaign until the campaign pays the obligation by
				making an expenditure.
(3) An
				expenditure is made on the date payment is made, or in the case of an in-kind
				expenditure, on the date the consideration is given.
(4) The date of each expenditure shall be
				reported in the reporting period during which it is made.
(5) All expenditures must be supported by a
				contemporaneous written agreement, invoice, billing statement, or similar
				documentation appropriate to the transaction that describes the services
				provided, the billing period identifying the specific dates on which services
				were provided, an itemized basis for the payments made, and other pertinent
				information.
(6) Reporting
				independent expenditures:
(a) shall be
				reported in accordance with the procedures for reporting other
				expenditures;
(b) a person making
				an independent expenditure shall report the name of the candidate or committee
				the independent expenditure was intended to benefit, and the fact that the
				expenditure was independent; and
(c) the candidate or political committee
				benefiting from the independent expenditure does not have to report the
				expenditure.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.503 - IN-KIND EXPENDITURE, REPORTING AND VALUATION

Current through Register Vol. 13, July 5, 2024
(1) A candidate or
				political committee shall report an in-kind expenditure on the appropriate
				reporting schedule and shall describe what was made consistent with the
				reporting requirements specified in ARM 44.11.502.
(2) The total value of the services,
				property, or rights expended in-kind shall be deemed to have been consumed in
				the reporting period in which expended.
(3) The value of an in-kind expenditure shall
				be determined as follows:
(a) it shall be
				reported as its fair market value at the time of the expenditure; or
(b) it shall be reported as the difference
				between the fair market value at the time of the expenditure and the amount
				charged the expendee; or
(c) it
				shall be reported as the actual monetary value or worth at the time of the
				expenditure; or
(d) if due to
				extraordinary circumstances none of these provisions would be appropriate or no
				reasonable fair market value can be established, it shall be sufficient to
				report a precise description of such in-kind expenditure as made.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.504 - EXPENDITURE ENCOURAGED TO AVOID CONTRIBUTION, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) If a candidate
				or political committee, or member thereof, advises, counsels, or otherwise
				knowingly encourages any person to make an expenditure for the purpose of
				avoiding direct contributions, or for any other reason, the expenditure shall
				be considered a contribution by that person to the candidate or political
				committee encouraging the expenditure.
(2) Such contributions shall be reported
				pursuant to the provisions of ARM 44.11.403.
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-229,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.505 - DEBTS AND OBLIGATIONS OWED TO A CANDIDATE OR POLITICAL COMMITTEE, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				13-37-229 and
				13-37-232, MCA, each report
				required by
				13-37-226, MCA, shall disclose all
				debts and obligations owed to a candidate or political committee. Debts and
				obligations shall continue to be reported so long as they remain
				outstanding.
(2) A candidate or
				political committee shall report the full name and mailing address (and
				occupation and principal place of business, if any) of each person who owes a
				debt or obligation to the candidate or political committee at the end of a
				reporting period, including the amount, date contracted, and purpose of each
				debt and obligation owed by each person. If the exact amount of a debt or
				obligation is not known, the estimated amount owed shall be reported, and the
				basis for the estimated amount shall be reduced to writing and retained for
				inspection.
(3) All invoices or
				billing statements must be maintained and available for inspection.
(4) If the debt or obligation is an oral
				agreement for services, the agreement must be contemporaneously reduced to
				writing at the time it is made, and must be signed by the parties and retained
				for inspection.
IMP,
					 13-37-229,
					 13-37-231,
					 13-37-232,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.5 - Reporting Obligations and Expenditures › Rule 44.11.506 - DEBTS AND OBLIGATIONS OWED BY A CANDIDATE OR POLITICAL COMMITTEE, REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				13-37-229 and
				13-37-232, MCA, each report
				required by
				13-37-226, MCA, shall disclose all
				debts and obligations owed by a candidate or political committee. Debts and
				obligations shall continue to be reported so long as they remain
				outstanding.
(2) A candidate or
				political committee shall report the full name and mailing address (and
				occupation and principal place of business, if any) of each person to whom a
				debt or obligation is owed at the end of a reporting period, including the
				amount, date contracted, and purpose of each debt and obligation owed to each
				person. If the exact amount of a debt or obligation is not known, the estimated
				amount owed shall be reported, and the basis for the estimated amount shall be
				reduced to writing and retained for inspection.
(3) All invoices or billing statements must
				be maintained and available for inspection.
(4) If the debt or obligation is an oral
				agreement for services, the agreement must be contemporaneously reduced to
				writing at the time it is made, and must be signed by the parties and retained
				for inspection.
(5) A loan made to
				a candidate or political committee that is not repaid by the candidate or
				committee, including the forgiveness of any loan, becomes an in-kind
				contribution to the candidate or committee, see ARM 44.11.401.
IMP,
					 13-37-229,
					 13-37-231,
					 13-37-232,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.601 - ATTRIBUTION ON ELECTION MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				13-35-225, MCA, election
				communications, electioneering communications, and independent expenditures
				(referred to collectively herein as "election materials") must disclose the
				person who paid for the election materials, by including the appropriate
				attribution language set out in (2).
(2) All attributions must include the words
				"paid for by" followed by the appropriate identifying information. For election
				materials financed by:
(a) a candidate or a
				candidate's campaign, the attribution must include either:
(i) the name and address of the candidate;
				or
(ii) the name and address of the
				candidate's campaign.
(A) An attribution using
				the name of the candidate's campaign must include the first and last name of
				the candidate if the name of the campaign does not include at least the
				candidate's last name.
(B)
				Additional information, such as the name of the campaign treasurer, may be
				included within the attribution language, but it is not required.
(iii) Examples of an appropriate
				attribution for a candidate are:
Paid for by John Smith
P. O. Box 10000
Helena, MT 59605
or
Paid for by Smith for Senate
P. O. Box 20000
Helena, MT 59605
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.603 - DE MINIMIS

Current through Register Vol. 13, July 5, 2024
(1) A "de minimis act" is defined in
				13-1-101,
				MCA. The commissioner may consider the following factors in determining whether
				specific acts, contributions, or expenditures are de minimis and therefore do
				not trigger registration, reporting, attribution, or disclosure requirements,
				or warrant enforcement as a campaign practices violation:
(a) whether the act, contribution, or
				expenditure has an ascertainable fair market value, and if so the amount of
				that value;
(b) in the case of an
				act that results in the provision of services, whether the act results in
				either a detriment to the provider of the services, such as an out-of-pocket
				expense or the preclusion of other activities;
(c) whether the act, contribution, or
				expenditure at issue is a single, one-time event or occurrence or multiple
				events or occurrences;
(d) the
				extent to which a particular campaign practices violation deprives the public
				of disclosure;
(e) other factors
				and circumstances similarly showing limited value or minimal harm.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.604 - ELECTION COMMUNICATION

Current through Register Vol. 13, July 5, 2024
(1) An election
				communication is a communication, made in media as defined in these rules, that
				is made to support or oppose a candidate or ballot issue, as those terms are
				defined in
				13-1-101, MCA.
(2) An election communication means:
(a) a paid advertisement broadcast over
				radio, television, cable, or satellite;
(b) paid placement of content on the internet
				or other electronic communication network;
(c) a paid advertisement published in a
				newspaper or periodical or on a billboard;
(d) a mailing; or
(e) printed materials.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.605 - ELECTIONEERING COMMUNICATION

Current through Register Vol. 13, July 5, 2024
(1) An
				electioneering communication is a paid communication that:
(a) is publicly distributed by one or more of
				the modes of communication listed in the statute;
(b) is made within 60 days of the initiation
				of voting in an election;
(c) does
				not support or oppose a candidate or ballot issue, as "support or oppose" is
				defined in
				13-1-101,
				MCA;
(d) can be received by more
				than 100 recipients in the district voting on the candidate or ballot issue;
(e) meets one or more of the
				following criteria:
(i) refers to one or more
				clearly identified candidates in the election;
(ii) depicts the name, image, likeness, or
				voice of one or more clearly identified candidates in the election; or
(iii) refers to a political party,
				ballot issue, or other question submitted to the voters in the election.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.606 - ELECTIONEERING-INTERPRETIVE RULE

Current through Register Vol. 13, July 5, 2024
(1) As used in
				13-35-211, MCA, "electioneering"
				means the solicitation of support or opposition to a candidate or issue to be
				voted upon at the election or polling place in question, by means of:
(a) Personal persuasion, electronic
				amplification of the human voice, or the display or distribution of campaign
				materials.
(b) Offering or
				distribution of food, drink, or any other material benefit in a manner
				calculated to encourage recognition, support, or opposition to a candidate or
				issue.
(c) "Electioneering" does
				not include the display of ordinary bumper stickers on
				automobiles.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.607 - FAIR NOTICE PERIOD BEFORE ELECTION

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this rule, "campaign advertising" refers to reportable election activity, as
				defined in ARM 44.11.103.
(2) The
				"fair notice requirement" is described in
				13-35-402, MCA. For the purpose of
				that section, the date used to determine the date "intended for public
				distribution" for material distributed by:
(a)
				print media is the date of the postmark.
(i)
				If no postmark is provided on the mailing, the date the mailing is mailed or
				"dropped," as reported by the mail distributor, is the equivalent of the
				postmark date.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.608 - PERSONAL USE OF CAMPAIGN FUNDS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (4), no goods, services, funds, property, or other contributions
				received by a candidate or political committee may be used for the personal use
				or expense of any candidate, immediate family of a candidate, or staff of a
				candidate's campaign.
(2)
				Expenditures for personal use are those that have no direct connection with, or
				effect upon, expenditures to support or oppose candidates or issues, and those
				that would exist irrespective of a candidate's campaign or an individual's
				involvement in a candidate's campaign. Campaign expenditures are those that
				serve to support or oppose a candidate or issue. An expenditure for personal
				use or expense occurs when, for example, the expenditure:
(a) covers normal living needs of the
				candidate, the candidate's immediate family, or any other individual;
(b) covers food or clothing that
				are not specially required by or related to a campaign activity;
(c) covers the cost of travel, lodging, food,
				and registration, including attendance at any conference or event, that does
				not serve a campaign interest.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of Title 13, chapter 37, part 4, MCA,
				  13-37-240, MCA, and this
				  subchapter:
(1) "Compensation"
				includes all direct or indirect payments of salaries, fees, wages, and benefits
				to an individual or a person to provide constituent services. The term includes
				all payments made to an individual or a person to provide constituent services
				on behalf of an eligible elected official, including but not limited to,
				payments for overtime, compensatory time, retirement, health insurance,
				membership fees for social, civic, and professional organizations, life
				insurance, professional liability insurance, unemployment or worker's
				compensation insurance, personal use of a vehicle, rental car payments,
				disability insurance, travel, meal, and lodging reimbursement, and other
				benefits.
(2) "Constituent" means
				an individual who resides in, is employed in, provides goods or services in,
				attends school in, or has an ownership interest in property or a business in
				the district or geographic area represented by an eligible elected
				official.
(3) "Constituent
				services" has the meaning generally defined in
				13-37-401, MCA, and more
				specifically defined in ARM 44.11.707.
(4) "Constituent services account" means an
				account established under Title 13, chapter 37, part 4, MCA,
				13-37-240, MCA, and the rules in
				this chapter.
(5) "Eligible elected
				official" means an individual elected or appointed to a statewide office, the
				Public Service Commission, or the Legislature.
(6) "In-kind donation" means the furnishing
				of services, property, equipment, supplies, rights, or anything of value
				without charge or at a charge which is less than fair market value to an
				eligible elected official for the purpose of providing constituent services.
(7) "Leaves public office" means
				that an eligible elected official ceases to occupy the public office for which
				a constituent services account has been established. The term does not include
				an eligible elected official who is re-elected to the same public office.
(8) "Pre-existing account" means
				an account related to a public official's office that existed before May 14,
				2007 (the effective date of
				13-37-401 and
				13-37-402, MCA).
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-401,
					 13-37-402,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.702 - DISPOSAL OF SURPLUS CAMPAIGN FUNDS AND PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) Candidates
				shall dispose of surplus campaign funds within 120 days of filing the closing
				campaign report required by
				13-37-228,
				MCA.
(a) The candidate's closing report shall
				be filed whenever all debts and obligations are extinguished, the provisions of
				ARM
				44.11.608
				are followed, and no further contributions or expenditures will be received or
				made which relate to the campaign.
(b) No closing report needs to be filed
				following a primary election campaign if the candidate will advance to the
				general election.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.703 - PERSONAL BENEFIT

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				13-37-240, MCA, the term "direct
				or indirect benefit" means the distribution of all or any portion of surplus
				campaign funds, including surplus campaign funds deposited in a constituent
				services account, that benefit a candidate, an eligible elected official, or a
				member of a candidate's or an eligible elected official's immediate family,
				except as specifically authorized by this rule or the rules in this
				chapter.
(2) Surplus campaign funds
				or constituent services account funds may be donated to a group of individuals
				or an organization to which the candidate or an eligible elected official, or a
				member of the candidate's or an eligible elected official's immediate family
				belongs or is a member, as long as:
(a) the
				candidate, an eligible elected official, or a member of a candidate's or an
				eligible elected official's immediate family do not control how the group or
				organization spends the surplus campaign funds or constituent services account
				funds received by the group or organization;
(b) the candidate, an eligible elected
				official, or a member of the candidate's or an eligible elected official's
				immediate family abstains from voting on or taking any action to approve or
				disapprove a decision by the group or organization to spend the surplus
				campaign funds or constituent services account funds received by the
				organization; and
(c) The
				candidate, an eligible elected official, or a member of the candidate's or an
				eligible elected official's immediate family receive a benefit that is only
				incidental to their membership or participation within the group or
				organization. A benefit is "incidental" if a benefit bestowed on or available
				to a candidate, an eligible elected official, or a member of a candidate's or
				an eligible elected official's immediate family is the same as a benefit
				bestowed on or available to the public or other members of the group or
				organization.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.704 - APPLICABILITY OF RULES

Current through Register Vol. 13, July 5, 2024
(1) All of the
				rules in this chapter apply to a constituent services account established by an
				eligible elected official under Title 13, chapter 37, part 4, MCA, and
				13-37-240, MCA, on or after May
				14, 2007.
(2) The rules in this
				chapter do not apply to the constituent services stipend and reimbursement
				provided by the state of Montana to a legislator, starting July 1, 2017,
				pursuant to
				5-2-204, MCA, which is administered
				by Legislative Services.
(3) Only
				the personal benefit and campaign contribution prohibitions in
				13-37-240 and
				13-37-402, MCA, and ARM 44.11.702,
				44.11.703, and 44.11.706 apply to:
(a) a
				pre-existing account in which surplus campaign funds have been deposited;
(b) an account related to an
				elected official's office if the elected official has been elected to any
				public office other than the public offices listed in ARM 44.11.705 and surplus
				campaign funds have been deposited in the account; or
(c) the expenditure of surplus campaign funds
				by a candidate or an elected official.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.705 - ELIGIBLE ELECTED OFFICIALS

Current through Register Vol. 13, July 5, 2024
(1) An individual
				elected to any of the following public offices may transfer surplus campaign
				funds to a constituent services account created under Title 13, chapter 37,
				part 4, MCA,
				13-37-240, MCA, and the rules in
				this chapter:
(a) Governor;
(b) Lieutenant Governor;
(c) Attorney General;
(d) Secretary of State;
(e) State Auditor;
(f) Superintendent of Public
				Instruction;
(g) Chief Justice or
				Justice of the Supreme Court;
(h)
				Clerk of the Supreme Court;
(i)
				Public Service Commission; or
(j)
				The Montana House of Representatives or Senate.