Bill > S3391

Introduced Session

This bill requires independent expenditure committees, the so-called "dark money" groups, to promptly report campaign contributions and expenditures in the days before an election. This bill also requires such committees to file post-election quarterly reports until the closure of their campaign depository accounts. Under current law, independent expenditure committees are required to file with the Election Law Enforcement Commission (ELEC) a cumulative report on the 11th day preceding the primary election, and on the 20th day following the primary election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure. They are also required to report all independent expenditures made, incurred, or authorized by it. In addition, each independent expenditure committee making an electioneering communication pertaining to a municipal, runoff, school board, special, or general election is required to file with ELEC a cumulative report on the 29th day preceding the election, a report on the 11th day preceding the election, and on the 20th day following the election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure, and of all independent expenditures made, incurred, or authorized by it. The reporting period begins on the first day of the preceding calendar year and ends on the reporting date. However, under current law, independent expenditure committees are not required to report contributions received and expenditures made in the period between the filing of the 11th-day pre-election report and the day of the election, thereby creating a transparency loophole. Under this bill, when an independent expenditure committee receives a contribution from a single source of more than $7,500 after the final day of a cumulative reporting period and on or before a primary, municipal, runoff, school board, special, or general election which occurs after that final day but prior to the final day of the next reporting period it will be required, in writing or by electronic transmission, to report that contribution to ELEC within 72 hours of receiving it, if that contribution is received between the 15th day prior to that election and the day of the election. However, a contribution received between the seventh day prior to that election and the day of the election would be required to be reported within 24 hours of receiving it. The bill requires the committee to report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. In addition, when an independent expenditure committee makes or authorizes any independent expenditure of more than $200, or incurs any obligation therefor, between the 15th day prior to the day of a primary, municipal, runoff, school board, special, or general election and the day of that election, it will be required to report, in writing or by electronic transmission, that independent expenditure to the commission within 72 hours of making, authorizing, or incurring it. However, an independent expenditure made, authorized, or incurred between the seventh day prior to the election and the day of the election would be required to be reported within 24 hours of making, authorizing, or incurring it. Under current law, independent expenditure committees do not have to file post-election quarterly reports. This bill would require each independent expenditure committee required to file reports to also file with the Election Law Enforcement Commission, following each election but not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value in excess of $7,500 contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period. The cumulative quarterly report would contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value in excess of $7,500 have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report would indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported, the report would contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report would indicate the occupation of the individual and the name and mailing address of the individual's employer. The report would also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the independent expenditure committee reporting would certify to the correctness of each cumulative quarterly report. Each independent expenditure committee would continue to file the post-election quarterly reports until the closure of the committee's campaign depository account. This bill would enact one of the recommendations made by ELEC in its 2023 annual report.

Committee Categories

Holly Schepisi (R)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 06/06/2024)

Official Document