Current through Register Vol. 18, September 20, 2024
(1) A "de minimis act" is defined in
13-1-101,
MCA. The commissioner may consider the following factors in determining whether
specific acts, contributions, or expenditures are de minimis and therefore do
not trigger registration, reporting, attribution, or disclosure requirements,
or warrant enforcement as a campaign practices violation:
(a) whether the act, contribution, or
expenditure has an ascertainable fair market value, and if so the amount of
that value;
(b) in the case of an
act that results in the provision of services, whether the act results in
either a detriment to the provider of the services, such as an out-of-pocket
expense or the preclusion of other activities;
(c) whether the act, contribution, or
expenditure at issue is a single, one-time event or occurrence or multiple
events or occurrences;
(d) the
extent to which a particular campaign practices violation deprives the public
of disclosure;
(e) other factors
and circumstances similarly showing limited value or minimal harm.
(2) Acts, contributions, or
expenditures that may, depending on the circumstances, be considered de minimis
include:
(a) the creation of electronic or
written communications or digital photos or video, on a voluntary (unpaid)
basis by an individual, including the creation and outgoing content development
and delivery of social media on the internet or by telephone;
(b) the provision by an individual or
political committee of personal property, food, or services with a cumulative
fair market value of less than $50 in the aggregate for any single
election;
(c) the location value of
the display of lawn or yard signs on real property, but only if the property
owner does not normally and does not in fact charge a fee for display of
signs;
(d) any value attributable
to the display of campaign bumper stickers or signs on a vehicle, but only if
the vehicle owner does not normally and does not in fact charge a fee for
display of bumper stickers or signs;
(e) typographical errors or incomplete or
erroneous information on a campaign finance report that is determined not to be
misleading or that does not substantially affect disclosure;
(f) any failure to comply with the
attribution requirements of
13-35-225,
MCA, that is determined to nevertheless provide sufficient disclosure regarding
who made or financed the communication;
(g) expenses associated with volunteer
services or efforts, including the cost of gas, parking, and meals.
(3) Fair market value will be
determined according to the description of the term in ARM
44.11.403
and
44.11.503.
AUTH:
13-37-114, MCA;
IMP:
13-1-101,
13-37-114,
MCA
