Current through Register Vol. 49, No. 2, February 2024
100
Definitions
(a)
Approved political
action committee - As used in these rules, the term
"approved political action committee" means any person that 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; does not accept any contribution or cumulative contributions in
excess of five thousand dollars ($5,000) from any person in any calendar year;
and has registered pursuant to Ark. Code Ann. §
7-6-215
prior to making contributions. "Approved political action committee" does not
include political parties, county political party committees, the candidate's
own campaign committee, exploratory committees, ballot question committees, or
legislative question committees.
(b)
Candidate - As used in these rules, the
term "candidate" means any individual who has knowingly and willingly taken
affirmative action, including solicitation of funds, for the purpose of seeking
nomination for or election to any public office.
(c)
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, or pledges or promises 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 subchapter 2,
Chapter 6 of Title 7 of the Arkansas Code. 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 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.
(d)
County political party
committee - As used in these rules, the term "county
political party committee" means a person that is organized at the county level
for the purpose of supporting its affiliate party and making contributions; is
recognized by an organized political party, as defined in Ark. Code Ann. §
7-1-101, as being
affiliated with that political party; 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; does not accept
any contribution or cumulative contributions in excess of five thousand dollars
($5,000) from any person in any calendar year; and registers pursuant to Ark.
Code Ann. §
7-6-226
prior to making contributions.
(e)
Election - As used in these rules, the
term "election" means each election to be held to nominate or elect a candidate
to any public office, including school elections. For the purposes of these
rules, a preferential primary election, a general primary election, a runoff
election, a special election, and a general election shall each constitute a
separate election.
(f)
Individual - As used in these rules, the
term "individual" means a human being.
(g)
Legislative caucus
committee - As used in these rules, the term "legislative
caucus committee" means a person that is composed exclusively of members of the
General Assembly, that elects or appoints officers and recognizes identified
legislators as members of the organization, and that exists for research and
other support of policy development and interests 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. An organization whose only nonlegislator members are the
Lieutenant Governor or the Governor is a "legislative caucus committee" under
these rules.
(h)
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, a county political party
committee, and a legislative caucus committee.
(i)
Political
party - As used in these rules, the term "political party"
means any group of voters which, at the last-preceding general election, polled
for its candidate for Governor in the state or nominees for presidential
electors at least three percent (3%) of the entire vote cast for the office; or
which has filed a petition with the Secretary of State containing at the time
of filing the signatures of at least ten thousand (10,000) registered voters in
the State of Arkansas, declaring the intention of organizing a political party,
the name of which shall be stated in the declaration, and of participating in
the next general election, and which has been declared a new political party by
the Secretary of State. When any political party fails to obtain three percent
(3%) of the total votes cast at an election for the Office of Governor or
nominees for presidential electors, it shall cease to be a political
party.
101
Contribution Limit
As of February 2, 2021, a candidate may accept a campaign
contribution or contributions up to the maximum amount of two thousand nine
hundred dollars ($2,900) for each election, whether opposed or unopposed,
from:
(a) an individual;
(b) a political party;
(c) a county political party
committee;
(d) a legislative caucus
committee; or
(e) an approved
political action committee.
102
Adjustment of
Contribution Limit
The contribution limit shall be adjusted by the Arkansas Ethics
Commission at the beginning of each odd-numbered year in an amount equal to the
percentage certified to the Federal Election Commission by the Bureau of Labor
Statistics of the Department of Labor under
52 U.S.C. §
30116(c) as existing on
January 1, 2015. If the amount after adjustment is not a multiple of one
hundred dollars ($100), the Arkansas Ethics Commission shall round the amount
to the nearest multiple of one hundred dollars
($100).
