Bill > S2140

Introduced Session

This bill makes various changes to reporting requirements for independent expenditure committees. The bill clarifies that independent expenditure committees will report on the same schedule as continuing political committees. The bill also modifies how expenditures will be reported. Independent expenditures, which are made to expressly advocate for or against a candidate or a public question, over $3,000 will be reported in each quarterly report. If the committee makes any electioneering communication--which the bill defines as a communication valued at over $3,000 in the aggregate during any calendar year that refers to a candidate or a public question and is made within the 60 days before an election, and can be received by at least 10 percent of the electorate--then all expenditures over $3,000 made for the purpose of influencing or providing political information on the outcome of any election or public question will be reported. Under current law, an independent expenditure means an expenditure expressly advocating the election or defeat of a clearly identified candidate or a public question, legislation, or regulation. The bill removes attempting to influence legislation and regulations as activity for which contributions and expenditures would have to be reported. The bill also modifies the definition of independent expenditure committee to reflect committees that are restricted by law or regulation with regard to the coordination of its activities with any candidate or political party. The bill also modifies the definition of electioneering communication. Currently, an electioneering communication is a communication made within the period beginning on January 1 of an election year and the date of the election and refers to a candidate or a public question, regardless of whether it expressly advocates for or against a candidate or public question. The bill revises that definition to mean a communication for which the direct costs of producing and disseminating exceed $3,000 in the aggregate during any calendar year, that refers to a clearly identified candidate or a public question and is made within 60 days before the primary, general, municipal, school, or special election, and that can be received by at least 10 percent of the electorate the candidate seeks to represent or the electorate responsible for deciding the public question, regardless of whether the communication expressly advocates for or against the candidate or public question. The bill excludes certain communications in news stories or editorials, communications in a candidate debate, and communications by an organization exclusively to its members, stockholders, or executive or administrative personnel. The bill raises the threshold for reporting certain contributions to the Election Law Enforcement Commission (ELEC) within 48 hours of receipt when those contributions are received on or before a primary, general, municipal, school, or special election that occurs between the last day of a quarterly reporting period and the last day of the next reporting period. Currently, while contributions to independent expenditure committees are reportable when they exceed $10,000, contributions during this time period are reportable when they exceed $500. The bill would change this amount to match the current contribution threshold of over $10,000, requiring that such contributions be reported to ELEC within 48 hours when received during that time. The bill makes the same change with respect to expenditures, changing the $800 threshold to the $3,000 threshold to which independent expenditure committees are otherwise subject for purposes of reporting. The bill broadens the activity for which a foreign national, government, or agent is prohibited from registering as an independent expenditure committee to include making any expenditure in any State or local election, rather than only an independent expenditure. The bill lowers, from $5,500 to $2,500, the contributions threshold for a group to qualify as a continuing political committee to match the threshold for requiring that group to certify to ELEC that the committee expects to contribute that amount concerning election related activity. The bill also revises, in subsections f. and g. in section 2 of the bill, a provision of law that permits the exclusion of contributions below a reportable amount to match the threshold currently applicable to independent expenditure committees for those groups.

AI Summary

Committee Categories

Joe Cryan (D)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2024)

Official Document