Rhode Island Code of Regulations › Title 410 - Board of Elections › Chapter 10 - Campaign Finance › Subchapter 00 - N/A › Part 6 - Reporting Requirements for Coordinated and Independent Expenditures (410-RICR-10-00-6) › Section 410-RICR-10-00-6.2 - Purpose and Scope

Current through June 14, 2024
A. The following
				  regulation is proposed by the State Board of Elections under the authority of
				  R.I. Gen. Laws Chapter 17-25 and is promulgated for the purpose of clarifying
				  the reporting requirements for independent and coordinated expenditures in the
				  aftermath of the United States Supreme Court decision rendered in Citizens
				  United v. Federal Elections Commission, 130 S. Ct. 876, - U.S. - (2010). That
				  Supreme Court decision struck down portions of Congress' Bipartisan Campaign
				  Reform Act of 2002 ("BCRA"), which prohibited corporations and unions from
				  using their general funds to make independent expenditures for speech that is
				  an "electioneering communication" or for speech that expressly advocates the
				  election or defeat of a candidate. In light of First Amendment protection that
				  extends to corporations, the Supreme Court held that there is "no basis for
				  allowing the government to limit corporate independent expenditures." (slip op.
				  at 50). However, the Supreme Court likewise upheld the constitutionality of the
				  disclaimer and disclosure and disclaimer provisions of BCRA. Under that Act, a
				  person who makes a disbursement for producing and airing electioneering
				  communications must file a report with the Federal Elections Commission which
				  identifies the person making the disbursement, with related information,
				  including the identities of those persons who shared or exercised direction or
				  control over the activities of the person making the disbursement. BGRA also
				  requires televised electioneering communications funded by anyone other than
				  the candidate to include a disclaimer that the person funding the communication
				  is responsible for the content of the advertisement. The disclaimer must be
				  both audible and visibly displayed on the screen in a clearly readable manner.
				  It must also display the name and address of the person or group that funded
				  the advertisement.
B. These
				  "disclaimer and disclosure requirements may burden the ability to speak, but
				  they 'impose no ceiling on campaign related activities,' Buckley, 424 U.S. at
				  64 and 'do not prevent anyone from speaking,' McConnell, 540 U.S. at 201."
				  Disclosure requirements are justified based upon a valid governmental interest
				  in "providing the electorate with information" about the sources of
				  election-related spending. Buckley, 424 at 66. Such disclosure requirements
				  help citizens "make informed choices in the political marketplace." 540 U.S. at
				  197 (internal quotations omitted). Indeed, the Supreme Court found that "there
				  was evidence in the record that independent groups were running
				  election-related advertisements 'while hiding behind dubious and misleading
				  names.'" McConnell, 540 U.S. at 197 (quoting McConnell I, 251 F. Supp. 2nd at
				  237).
C. Rhode Island law currently
				  does not prohibit corporations from making independent expenditures. R.I. Gen.
				  Laws §
										17-25-10.1(h)(l)
				  states, in part, that:
1. It shall be
				  unlawful for any corporation, whether profit or non-profit, domestic
				  corporation or foreign corporation, as defined in § 7-1.1-2, or other
				  business entity to make any campaign contribution or expenditure, as defined in
				  R.I. Gen. Laws §
											17-25-3, to or for any candidate,
				  political action committee, or political party committee, or for any candidate,
				  political action committee, or political party committee to accept any campaign
				  contribution or expenditure from a corporation or other business
				  entity.