Current through Register Vol. 43, No. 12, March 20, 2024
(a) General. The following factors shall be considered in
determining whether a combination of two or more persons, or a person other
than an individual, constitutes a political committee:
(1) The intent of the person or persons;
(2) the amount of time devoted to the support or opposition of
one or more candidates for state office;
(3) the amount of time devoted to the support or opposition of
any other political committee or party committee;
(4) the amount of contributions, as defined by the act, made to
any candidate, candidate committee, party committee or political committee;
(5) the amount of expenditures, as defined by the act, made on
behalf of any candidate, candidate committee, party committee or political
committee; and
(6) the importance to any candidate, candidate committee, party
committee or political committee of the activities in which the person or
persons engage.
(b) Structure and filing statement of organization. Each
political committee which anticipates that it will receive contributions or
make expenditures shall appoint one chairperson and one treasurer for the
purposes of the act. A political committee member may serve as both chairperson
and treasurer. A political committee may appoint such other officers as it
desires, including co-chairpersons.
(c) Payroll deduction plan exception. Any person or persons who
receive political contributions under a program similar to a payroll deduction
plan shall be presumed not to be a political committee if the program
administered by the person or persons meets all of the following tests:
(1) the decision to make any contribution by any individual
employee is strictly voluntary;
(2) the employee alone determines to whom the employee's
contribution will be distributed;
(3) any contribution made by the employee is made and
transferred in the employee's name only; and
(4) the recipient candidate or committee is not made aware by
the employer or the employer's agents that the contribution was made as a part
of any such program.
(d) Affiliated or connected organizations.
(1) An organization shall be considered to be affiliated or
connected with a reporting political committee if it is:
(A) an organization or group which founded or maintains the
reporting committee with a major purpose of influencing the nomination or
election of a candidate or candidates to state office;
(B) an organization or group which has as a major purpose
providing support to a reporting committee or committees;
(C) an organization or group whose membership is generally
composed of the same individuals as the reporting committee where the reporting
committee advances the political goals of the organization either directly or
indirectly on behalf of the organization; or
(D) an organization or group, whether or not a reporting
committee, which is substantially controlled, directly or indirectly, by a
reporting committee or committees or the controlling persons thereof. In
addition, any organization or group controlling an affiliated or connected
organization shall likewise be considered an affiliated or connected
organization of the group or organization which it controls.
(2) Exceptions. If a state-wide union or professional or trade
association is considered to be an affiliated or connected organization of a
particular political committee under any of the above tests, local units of
such unions or associations shall be presumed not to be affiliated or connected
organizations of the political committee so long as the state-wide entity is
reported as such.