Current through Register Vol. 49, No. 2, February 2024
§
500.
Definitions.
(a)
Approved political
action committee
- As used in these rules, the term
"approved political action committee" means any person who:
(i) Receives contributions from one (1) or
more persons in order to make contributions to candidates, ballot question
committees, legislative question committees, political parties, county
political party committees, or other political action committees;
(ii) Does not accept any contribution or
cumulative contributions in excess of five thousand dollars ($5,000) from any
person in any calendar year; and
(iii) Registers pursuant to Ark. Code Ann.
§
7-6-215
prior to making contributions.
(b)
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 or in support of or opposition to a ballot or
legislative question. "Contribution" shall include any filing fees or
membership dues paid to a county political party committee.
"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 and 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 this subchapter. 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.
(c)
County political party
committee - As used in these rules, the term "county
political party committee" means a person that:
(i) Is organized at the county level for the
purpose of supporting its affiliate party and making contributions;
(ii) Is recognized by an organized political
party, as defined in Ark. Code Ann. §
7-1-101, as being
affiliated with that political party;
(iii) Receives contributions from one (1) or
more persons in order to make contributions to candidates, ballot question
committees, legislative question committees, political parties, political
action committees, or other county political party committees;
(iv) Does not accept any contribution or
cumulative contributions in excess of five thousand dollars ($5,000) from any
person in any calendar year; and
(v) Registers pursuant to Ark. Code Ann.
§
7-6-226
prior to making contributions.
(d)
Legislative caucus
committee
- As used in these rules, the term "legislative
caucus committee" means a person that:
(i) Is
composed exclusively of members of the General Assembly;
(ii) Elects or appoints officers and
recognizes identified legislators as members of the organization; and
(iii) Exists for research and
other support of policy development and interest that the membership hold in
common.
A "legislative caucus committee" includes, but is not limited to,
a political party caucus of the General Assembly, the Senate, or the House of
Representatives.
(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
organized political parties as defined in Ark. Code Ann. §
7-1-101, county
political party committees, and legislative caucus committees.
(f)
Prohibited political
action committee
- As used in these rules, the term
"prohibited political action committee" means any person who receives
contributions from one (1) or more persons in order to make contributions to
candidates but who does not meet the requirements of an approved political
action committee. A prohibited political action committee shall not include an
organized political party as defined in Ark. Code Ann. §
7-1-101, the
candidate's own campaign committee, a county political party committee, an
exploratory committee, or a ballot or legislative question committee.
§ 501
Registration and
Reporting for County Political Party Committees
(a)
(1) To
qualify as a county political party committee, a committee is required to
register with the Secretary of State within fifteen (15) days after accepting
contributions during a calendar year which, in the aggregate, exceed five
thousand dollars ($5,000).
(2) The
registration is to be annually renewed by January 15, unless the committee has
ceased to exist.
(b) A
treasurer who is a qualified elector of the State of Arkansas is required to be
appointed by the committee. No contribution is to be accepted from a committee
and no expenditure is to be made by a committee which has met the registration
threshold but has not registered and appointed a treasurer.
(c) The committee is also required to
designate an official depository within the State of Arkansas for the purposes
of depositing all money contributions that it receives and making all
expenditures. The full name and street address of the financial institution so
designated is required to be disclosed on the registration form.
(d) Within fifteen (15) calendar days after
the end of each calendar quarter, each county political party committee is
required to file a quarterly report with the Secretary of State, including
current balance, contribution totals, itemization of contributions received and
contributions made, expenditures, and any change in the committee information
required on its registration form.
(e) If a county political party committee
does not meet the five thousand dollar ($5,000) threshold, then no registration
or reporting is required, and the treasurer and depository requirements are not
applicable.
§ 502
Registration and Reporting for Political Action Committees
(a)
(1) To
qualify as an approved PAC, the committee is required to register with the
Secretary of State within fifteen (15) days after accepting contributions
during a calendar year which, in the aggregate, exceed five hundred dollars
($500).
(2) The registration is to
be annually renewed by January 15, unless the committee has ceased to
exist.
(b) The committee
is required to appoint a treasurer who is a qualified elector of the State of
Arkansas. No contribution may be accepted from a committee and no expenditure
may be made by a committee which has met the registration threshold but has not
registered and appointed a treasurer.
(c) The committee is also required to
designate an official depository within the State of Arkansas for the purposes
of depositing all money contributions that it receives and making all
expenditures. The full name and street address of the financial institution so
designated is required to be disclosed on the registration form.
(d) Within fifteen (15) calendar days after
the end of each calendar quarter, PACs are required to file a quarterly report
with the Secretary of State, including current balance, contribution totals,
itemization of contributions received and contributions made, expenditures, and
any change in the committee information required on its registration
form.
(e) If a PAC does not meet
the five hundred dollar ($500) contribution threshold, then no registration or
reporting is required, and the treasurer and depository requirements are not
applicable.
§ 503
Legislative Caucus Committees
A legislative caucus committee is required to comply with the
registration and reporting provisions of § 502, including the appointment
of a treasurer who is a qualified elector of this state and the establishment
of an account in a depository within this state, if the committee contributes
more than five hundred dollars ($500) in a calendar year to candidates, ballot
question committees, legislative question committees, political parties, county
political party committees, or other political action committees.
§ 504
Out-of-State
Political Action Committees
An out-of-state political action committee is required to comply
with the registration and reporting provisions of § 502, including the
appointment of a treasurer who is a qualified elector of this state and the
establishment of an account in a depository within this state, if the committee
contributes more than five hundred dollars ($500) in a calendar year to
candidates, ballot question committees, legislative question committees,
political parties, county political party committees, or other political action
committees.
§ 505
Records Retention by PACs and County Political Party Committees
Each committee is required to maintain for a period of four (4)
years records evidencing the name, address, and place of employment of each
person who contributed to the committee, along with the amount contributed, and
the name and address of each candidate who received a contribution from the
committee, along with the amount contributed.
§ 506
Contribution Limits
(a) No political action committee or county
political party committee shall accept any contribution or cumulative
contributions in excess of five thousand dollars ($5,000) from any person in
any calendar year.
(b) For purposes
of making contributions to candidates, each political action committee and
county political party committee may contribute up to two thousand dollars
($2,000) to a candidate's campaign for each election, whether the candidate is
opposed or unopposed.
§
507
Administrative Expenses of the PAC or County Political
Party Committee
It is permissible for a PAC or a county political party committee
to pay reasonable administrative expenses out of the contributions it has
received.
