Rhode Island Code of Regulations › Title 410 - Board of Elections › Chapter 10 - Campaign Finance › Subchapter 00 - N/A › Part 13 - Disclosure of Independent Expenditures, Electioneering Communications, and Covered Transfers › Section 410-RICR-10-00-13.3 - DEFINITIONS

Current through June 14, 2024
A. Wherever used in this Part, the following
				  terms have the meanings set forth herein:
1.
				  "Agent" means any person with actual authority, either express or implied, to
				  engage in activities on behalf of another person. For purposes of this Part, an
				  agent of a candidate or political committee includes any person who has served
				  in an executive or managerial role or position with, or as a paid consultant
				  to, the candidate or political committee at any time during the current
				  election cycle.
2. "Authorized
				  candidate committee" means any committee organized by or on behalf of a
				  candidate to aid or support his or her nomination or election to any public
				  office, regardless of whether or not the specific public office for which the
				  candidate will seek nomination or election is known at the time the committee
				  is organized and whether or not the candidate has announced his or her
				  candidacy or filed a declaration of candidacy at that time.
3. "Candidate" means any individual who
				  undertakes any action, whether preliminary or final, which is necessary under
				  the law to qualify for nomination for election or election to public office,
				  and/or any individual who receives a contribution or makes an expenditure, or
				  gives his or her consent for any other person to receive a contribution or make
				  an expenditure, with a view to bringing about his or her nomination or election
				  to any public office, whether or not the specific public office for which he or
				  she will seek nomination or election is known at the time the contribution is
				  received or the expenditure is made and whether or not he or she has announced
				  his or her candidacy or filed a declaration of candidacy at that time. For
				  purposes of this Part, the term "candidate" includes an agent of the
				  candidate.
4. "Clearly identified
				  candidate" means:
a. The candidate's name or
				  nickname is used;
b. A photograph,
				  drawing, or likeness of the candidate appears; or
c. The identity of the candidate is otherwise
				  apparent through any reference or link to the candidate's website, or through
				  an unambiguous reference such as "the Governor," "Your state representative,"
				  or "the incumbent," or through an unambiguous reference to his or her status as
				  a candidate such as "the Democratic gubernatorial nominee" or the "Republican
				  candidate for District 500 in the State of Rhode Island."
5. "Clearly identified referendum" means:
a. The number, official title, or popular
				  name of the referendum is used; or
b. There is reference to the subject matter
				  of the referendum and the communication either states the referendum is before
				  the people for a vote or, when taken as a whole and in context, makes an
				  unambiguous reference to the referendum.
6. "Covered disbursement" means:
a. Any purchase, payment, distribution, loan,
				  advance, deposit, paid personal services, or other thing of value made by a
				  person for an independent expenditure or electioneering communication;
				  or
b. Any covered
				  transfer.
7. "Covered
				  transfer" means:
a. Any transfer or payment of
				  funds by a person to another person, if the person making the transfer:
(1) Designates, requests, or suggests that
				  the amounts be used for independent expenditures or electioneering
				  communications or making a transfer to another person for the purpose of making
				  or paying for such independent expenditures or electioneering communications. A
				  person "designates, requests, or suggests" that amounts be used for independent
				  expenditures or electioneering communications if, at any time, there is an
				  agreement, suggestion, designation, instruction, or encumbrance, whether direct
				  or indirect, express or implied, oral or written, that all or any part of the
				  transfer or payment of funds be used for independent expenditures or
				  electioneering communications;
(2)
				  Made such transfer or payment in response to a solicitation or other request
				  for a transfer or payment for the making of or paying for independent
				  expenditures or electioneering communications or making a transfer to another
				  person for the purpose of making or paying for such independent expenditures or
				  electioneering communications;
(3)
				  Engaged in discussions with the recipient of the transfer or payment regarding
				  independent expenditures or electioneering communications or making a transfer
				  to another person for the purpose of making or paying for such independent
				  expenditures or electioneering communications; or
(4) Made independent expenditures or
				  electioneering communications in an aggregate amount of five thousand dollars
				  ($5,000) or more during the two-year (2) period ending on the date of the
				  transfer or payment, or knew or had reason to know that the person receiving
				  the transfer or payment made such independent expenditures or electioneering
				  communications in such an aggregate amount during that two-year (2)
				  period.
b. The term
				  "covered transfer" does not include:
(1) A
				  transfer or payment made in the ordinary course of any trade or business
				  conducted by a person or in the form of investments made by the person;
				  or
(2) A transfer or payment made
				  by a person if the person making the transfer prohibited, in writing, the use
				  of such transfer or payment for covered disbursements and the recipient of the
				  transfer or payment agreed to follow the prohibition and deposited the transfer
				  or payment in an account that is segregated from any account used to make
				  covered disbursements.
8. "Election cycle" means the twenty-four
				  (24) month period commencing on January 1 of an odd-numbered year and ending on
				  December 31 of the next even-numbered year.
9. "Electioneering communication" means:
a. Any public communication not coordinated
				  with any candidate, authorized candidate committee, or political party
				  committee that:
(1) unambiguously identifies a
				  candidate or referendum;
(2) Is
				  made either within sixty (60) days before a general or special election or town
				  meeting for the office sought by the candidate or referendum, or thirty (30)
				  days before a primary election for the office sought by the candidate;
				  and
(3) Is targeted to the relevant
				  electorate. A communication that refers to a clearly identified candidate or
				  referendum is "targeted to the relevant electorate" if the communication can be
				  received by two thousand (2,000) or more persons in the district the candidate
				  seeks to represent or the constituency voting on the referendum.
b. The term "electioneering
				  communication" does not include:
(1) A
				  communication appearing in a news story, commentary, or editorial distributed
				  by any broadcast station (including a cable television operator, programmer, or
				  producer), radio station, internet platform, or any regularly published
				  newspaper, magazine, or other periodical of general circulation, unless the
				  facility is owned or controlled by any candidate, political party, or political
				  committee;
(2) A communication that
				  constitutes or solely promotes a debate or similar forum made by or on behalf
				  of the person sponsoring the debate or forum, if:
(i) At least two (2) candidates seeking
				  nomination or election to the same public office were invited to participate in
				  the debate or forum and the structure of the debate or forum does not favor or
				  advance one candidate over another; or
(ii) A ballot question advocate and at least
				  one opponent, or their respective representatives, were invited to participate
				  in the debate or forum in equal numbers and the structure of the debate or
				  forum does not favor or advance one position over another;
(3) A membership communication; or
(4) A communication over the internet, except
				  for (i) qualified internet or digital communications; and (ii) any
				  communication placed on an internet platform formed primarily to expressly
				  advocate the election or defeat of one or more candidates or the passage or
				  defeat of one or more referendums.
10. "Electronic media communication" means
				  any writing, image, recording, or other data transmitted, disseminated, posted,
				  broadcast, or displayed electronically. "Electronic media communication"
				  includes, but is not limited to, any electronic message, electronic message
				  attachment, text message, or other electronic communication system.
11. "Expenditure" means:
a. Any purchase, payment, distribution, loan,
				  advance, deposit, gift, or other thing of value made by a person for the
				  purpose of promoting or supporting, or attacking or opposing the nomination or
				  election of any clearly identified candidate or the passage or defeat of any
				  clearly identified referendum.
b.
				  The term "expenditure" includes, but is not limited to:
(1) All transfers of money, credit or debit
				  card transactions, online or electronic payment systems, paid personal
				  services, or other thing of value made by any candidate or political
				  committee;
(2) A purchase, payment,
				  or other thing of value made for any media advertising services or products for
				  public communications; and
(3) A
				  purchase, payment, or other thing of value made for paid personal
				  services.
12.
				  "Expressly advocates" means any communication that:
a. Uses phrases such as "Vote for the
				  Governor," "Re-elect your State Senator," "Yes to Question 1," "Support the
				  Gubernatorial Nominee," "Cast Your Ballot for the Democratic Challenger for the
				  State Senate Seat 500," "Smith for Lt. Governor," "John Doe in 2010," "Vote for
				  a Balanced Budget" accompanied by a listing of clearly identified candidates
				  described as being in favor of a balanced budget, "Vote Against John Doe,"
				  "Defeat Question 2," "Reject the Incumbent," "Defeat" accompanied by a picture
				  of one or more candidates, or repeats or adopts slogans or words associated
				  with a clearly identified candidate or referendum within the communication;
				  or
b. When taken as a whole and
				  with limited reference to external events, such as the proximity to the
				  election, could only be interpreted by a reasonable person as advocating the
				  election or defeat of one or more clearly identified candidates or the passage
				  or defeat of one or more clearly identified referendums because:
(1) The electoral portion of the
				  communication is unmistakable, unambiguous, and suggestive of only one meaning;
				  and
(2) Reasonable minds could not
				  differ as to whether it encourages actions to elect or defeat one or more
				  clearly identified candidates or to pass or defeat one or more clearly
				  identified referendums or encourages some other kind of action.
13. "General treasury"
				  means a collective designation of all of the assets of a person which furnish
				  the means for defraying the necessary, usual, ordinary running and incidental
				  expenses of the person. General treasury funds are typically not derived from a
				  special solicitation, effort, or receipt, but derive from regular, planned for,
				  and ongoing revenue streams or sources.
14. "Independent expenditure" means:
a. An expenditure that, when taken as a
				  whole, expressly advocates the election or defeat of a clearly identified
				  candidate, or the passage or defeat of a clearly identified referendum, and is
				  not coordinated with any candidate, authorized candidate committee, or
				  political party committee.
b. The
				  term "independent expenditure" does not include costs incurred for:
(1) A communication appearing in a news
				  story, commentary, or editorial as part of a general pattern of
				  election-related news accounts or commentary distributed by any broadcast
				  station (including a cable television operator, programmer, or producer), radio
				  station, internet platform, or any regularly published newspaper, magazine, or
				  other periodical of general circulation, unless the facility is owned or
				  controlled by a candidate, political party, or political committee;
(2) A communication that constitutes or
				  solely promotes a debate or similar forum made by or on behalf of the person
				  sponsoring the debate or forum, if:
(i) At
				  least two (2) candidates seeking nomination or election to the same public
				  office were invited to participate in the debate or forum and the structure of
				  the debate or forum does not favor or advance one candidate over another;
				  or
(ii) A ballot question advocate
				  and at least one opponent, or their respective representatives, were invited to
				  participate in the debate or forum in equal numbers and the structure of the
				  debate or forum does not favor or advance one position over another;
(3) A membership communication;
				  or
(4) A communication over the
				  internet, except for (i) qualified internet or digital communications; and (ii)
				  any communication placed on an internet platform formed primarily to expressly
				  advocate the election or defeat of one or more candidates or the passage or
				  defeat of one or more referendums.
15. "Independent spender" means any person
				  who makes a covered disbursement. For purposes of § 13.7 of this Part
				  ("Disclaimers"), the term "independent spender" includes an exempt nonprofit as
				  defined in R.I. Gen. Laws §
											17-25-3.
16. "Internet platform" means any
				  public-facing website, internet-enabled application, or other digital
				  application.
17. "Membership
				  communication" means:
a. Any communication
				  made by a business entity or union that is limited in circulation to primarily
				  members, as well as owners, stockholders, or executive or administrative
				  employees of the business entity or union, unless such business entity or union
				  is organized primarily to support or oppose the nomination or election of one
				  or more candidates or the passage or defeat of one or more referendums. A
				  "membership communication" does not include any payments made by a business
				  entity or union for public communications or for communications to persons who
				  are not members, owners, stockholders, or executive or administrative employees
				  of the business entity or union.
b.
				  For purposes of this Part,
(1) "Member" means:
(i) Any person who, pursuant to a specific
				  provision of an organization's articles or bylaws, has the right to vote
				  directly or indirectly for the election of a director or directors or an
				  officer or officers or on a disposition of all or substantially all of the
				  assets of the organization or on a merger or on a dissolution; or any person
				  who is designated in the articles or bylaws as a member and, pursuant to a
				  specific provision of an organization's articles or bylaws, has the right to
				  vote on changes to the articles or bylaws, or pays or has paid membership dues
				  in an amount predetermined by the organization so long as the organization is
				  tax exempt under § 501(c) of the Internal Revenue Code of 1986. A member
				  of a local union is considered to be a member of any national or international
				  union of which the local union is a part and of any federation with which the
				  local, national, or international union is affiliated.
(ii) A person is not a "member" of an
				  organization if the person is only on a mailing or contact list of an
				  organization without meeting the definition provided in §
				  13.3(A)(17)(b)(1)(i) of this Part.
(2) "Owner" means any person who directly or
				  indirectly holds, owns, or controls equity in an amount equal to at least ten
				  percent (10%) of the total equity of a business entity.
(3) "Stockholder" means any person who has a
				  vested beneficial interest in stock, has the power to direct how that stock
				  shall be voted if it is voting stock, and has the right to receive
				  dividends.
(4) "Executive or
				  administrative employee" means any individual employed by a business entity or
				  union who is paid on a salary rather than hourly basis and who has
				  policymaking, managerial, professional, or supervisory responsibilities.
				  "Executive or administrative employee" includes any individual who runs a
				  corporation's business, such as officers, other executives, and plant,
				  division, and section managers, and individuals following the recognized
				  professions, such as lawyers and engineers.
18. "Paid personal services" means personal
				  services of every kind and nature, the cost or consideration for which is paid
				  or provided by someone other than the person for whom the services are
				  rendered, but shall not include personal services provided without compensation
				  by individuals volunteering their time.
19. "Person" means an individual, business
				  entity, political committee, ballot question advocate, union, association, or
				  any other organization. Except as provided in this Part, the term "person"
				  shall not include an exempt nonprofit as defined in R.I. Gen. Laws §
											17-25-3 or any organization
				  described in § 501(c)(3) of the Internal Revenue Code of 1986.
20. "Personal funds" means:
a. Any asset of an individual that the
				  individual had legal control over and rightful title to at the time the
				  individual made a covered transfer;
b. Income received by an individual,
				  including:
(1) Salary, wages, and other earned
				  income from bona fide employment;
(2) Investment income, including capital
				  gains, dividends, and other proceeds from personal investments; and
(3) Bequests to the individual, including
				  income from trusts established by bequests; and
c.  A portion of assets that are jointly
				  owned by the individual and the individual's spouse equal to the individual's
				  share of the asset under the instrument of conveyance or ownership or, if no
				  specific share is indicated by an instrument of conveyance or ownership, the
				  value of one-half of such assets.
d. The term "personal funds" does not include
				  any asset or income received from any person for the purpose of influencing an
				  election.
21. "Political
				  committee" means any authorized candidate committee, political action
				  committee, or political party committee. For purposes of this Part, the term
				  "political committee" includes an agent of the political committee.
22. "Principal officer" means the individual
				  who is primarily responsible for authorizing the political activities of an
				  organization or business entity, including, but not limited to, authorizing the
				  content of communications or authorizing the making of independent
				  expenditures, electioneering communications, or covered transfers.
23. "Public communication" means any
				  communication to the general public by means of print, broadcast, cable,
				  satellite, electronic media communication, qualified internet or digital
				  communication, newspaper, magazine, outdoor advertising facility, mass mailing,
				  telephone call, or any other form of general public advertising or marketing
				  regardless of medium.
24.
				  "Qualified internet or digital communication" means any communication placed or
				  promoted for a fee on the internet platform of another person or any
				  communication posted on an internet platform without charge which is linked to
				  by any paid advertising or promoted content. "Qualified internet or digital
				  communication" includes, but is not limited to, paid internet video
				  advertising, paid internet audio advertising, display advertising, native
				  advertising, search engine marketing, and sponsorships.
25. "Referendum" means any proposition of
				  amendment of the Constitution of this State or any public question of statewide
				  impact submitted to the electors of this State at a general election.
26. "Street address" means the street name or
				  post-office box, building number (if applicable), city, state, and zip code
				  where the person resides. For a person other than an individual, "street
				  address" means the street name or post-office box, building number (if
				  applicable), city, state, and zip code of the person's principal place of
				  business.
27. "Supervisory Staff"
				  means the Board of Elections' Executive Director, Director of Campaign Finance,
				  or their designees.