Rhode Island General Laws 17-25-23. Funds expended by person, committee of a political party, or political action committee – Private expenditure
For the purposes of § 17-25-19 and § 17-25-20, any funds expended by a person, committee of a political party, or political action committee to directly influence the outcome of the electoral contest involving the candidate shall be considered a contribution received by or an expenditure made by the candidate for general office, if one or more of the following relationships between the candidate and the person, committee of a political party, or political action committee is present:
(1) There is any arrangement, coordination, or direction with respect to the expenditure between the candidate or the candidate’s agent and the person making the expenditure;
(2) In the same election cycle, the person making the expenditure, including any officer, director, employee, or agent of the person, is or has been authorized to raise or expend funds on behalf of the candidate or the candidate’s authorized committees, or is or has been an officer of the candidate’s authorized committees, or is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s authorized committees, or the candidate’s agent;
(3) The person making the expenditure, including any officer, director, employee, or agent of the person, has communicated with, advised, or counseled the candidate or the candidate’s agents at any time on the candidate’s plans, projects, or needs relating to the candidate’s pursuit of election to general office in the same election cycle, including any advice relating to the candidate’s decision to seek election to general office;
(4) The person making the expenditure retains the professional services of any individual or other person also providing those services to the candidate in connection with the candidate’s pursuit of election to general office in the same election cycle, including any services relating to the candidate’s decision to seek election to general office;
(5) The person making the expenditure, including any officer, director, employer, or agent of the person, has communicated or consulted at any time during the same election cycle about the candidate’s plans, projects, or needs relating to the candidate’s pursuit of election to general office, with:
(i) Any officer, director, employee, or agent of a party committee that has made or intends to make expenditures or contributions, in connection with the candidate’s campaign; or
(ii) Any person whose professional services have been retained by a political party committee that has made or intends to make expenditures or contributions;
(6) The expenditure is based on information provided to the person making the expenditure directly or indirectly by the candidate or the candidate’s agents about the candidate’s plans, projects, or needs; provided, that the candidate or the candidate’s agents are aware that the other person has made or is planning to make expenditures expressly advocating the candidate’s election; or
(7) The expenditure is made by a person with the intention of seeking or obtaining any governmental benefit or consideration from the candidate by reason of the expenditure.
History of Section.
P.L. 1988, ch. 420, § 1; P.L. 1992, ch. 21, § 3; P.L. 2011, ch. 229, § 1; P.L. 2011, ch. 230, § 1.
Terms Used In Rhode Island General Laws 17-25-23
- Candidate: means any individual who undertakes any action, whether preliminary or final, which is necessary under the law to qualify for nomination for election or election to public office, and/or any individual who receives a contribution or makes an expenditure, or gives his or her consent for any other person to receive a contribution or make an expenditure, with a view to bringing about his or her nomination or election to any public office, whether or not the specific public office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at that time. See Rhode Island General Laws 17-25-3
- Election: means any primary, general, or special election or town meeting for any public office of the state, municipality, or district, or for the determination of any question submitted to the voters of the state, municipality, or district. See Rhode Island General Laws 17-25-3
- Election cycle: means the twenty-four month (24) period commencing on January 1 of odd number years and ending on December 31 of even number years; provided, with respect to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 17-25-25, "election cycle" means the forty-eight month (48) period commencing on January 1 of odd numbered years and ending December 31 of even numbered years. See Rhode Island General Laws 17-25-3
- expenditures: include all transfers of money, credit or debit card transactions, on-line or electronic payment systems such as "pay pal" paid personal services, or other thing of value to or by any candidate, committee of a political party, or political action committee or ballot question advocate. See Rhode Island General Laws 17-25-3
- Person: means an individual, partnership, committee, association, corporation, union, charity, and/or any other organization. See Rhode Island General Laws 17-25-3
- Political action committee: means any group of two (2) or more persons that accepts any contributions to be used for advocating the election or defeat of any candidate or candidates. See Rhode Island General Laws 17-25-3