Current through Register Vol. 24, December 20, 2024
(1) Aggregate contributions for elections in
a campaign are limited according to
13-37-216
and
13-37-218,
MCA, and as explained by ARM
44.11.222.
An "election" in a campaign is either a primary election or a general
election.
(2) For purposes of
applying aggregate contribution limits per election the following apply:
(a) aggregate contribution limits for each
election, as set forth in
13-37-216,
MCA, apply to a primary election and to a general election as defined in ARM
44.11.222;
(b) time periods for
filing reports of contributions and expenditures are set forth in
13-37-226
and
13-37-228,
MCA. As a general rule, contributions received by a candidate prior to and on
the day of a primary election are designated for the primary election and are
subject to the aggregate contribution limits for the primary election; however,
a candidate in a contested primary may receive contributions designated for the
general election during the primary election period (except for in-kind
contributions) subject to the contribution limits for the general
election;
(c) general election
contributions received prior to the day of the primary election must be
maintained in a separate account and shall not be used until after the day of
the primary election;
(d) all
contributions received by a candidate after the day of the primary election are
designated as general election contributions and are subject to the aggregate
contribution limit for the general election, except that a candidate may
continue to receive contributions designated for the primary election subject
to the limits after that election only for the purpose of paying primary
election debts. General election contributions shall not be used to pay primary
election debt;
(e) leftover funds
that were designated for the primary election may be used for general election
purposes if all primary debt has been paid.
(3) A candidate for the legislature may use
the same account in a campaign depository for primary and general election
contributions received without being required to segregate those funds if:
(a) the candidate maintains records
concerning when a contribution is received, and for which election the
contribution is designated for; and
(b) the account balance does not drop below
the amount of general election contributions received until after the day of
the primary election.
(4) If a candidate receives contributions
designated for the general election prior to the primary, and does not proceed
to the general election, the candidate must return the contributions to the
donors. These funds are not "surplus campaign funds" as defined in ARM
44.11.702.
AUTH:
13-37-114, MCA;
IMP:
13-37-205,
13-37-216,
MCA.
