Montana Code 13-37-225. Reports of contributions and expenditures required — electronic filing and publication
13-37-225. Reports of contributions and expenditures required — electronic filing and publication. (1) (a) Except as provided in 13-37-206 and subsections (1)(b) and (1)(c), each candidate, political committee, and joint fundraising committee shall file with the commissioner periodic electronic reports of contributions and expenditures made by or on the behalf of a candidate, political committee, or joint fundraising committee.
Terms Used In Montana Code 13-37-225
- Candidate: means :
(a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;
(b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:
(i)solicitation is made;
(ii)contribution is received and retained; or
(iii)expenditure is made; or
(c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101
- Commissioner: means the commissioner of political practices created by 13-37-102. See Montana Code 13-37-101
- Contribution: means :
(i)the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;
(ii)an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
(iii)the receipt by a political committee of funds transferred from another political committee; or
(iv)the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee. See Montana Code 13-1-101
- Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
- Election communication: means the following forms of communication to support or oppose a candidate or ballot issue:
(i)a paid advertisement broadcast over radio, television, cable, or satellite;
(ii)paid placement of content on the internet or other electronic communication network;
(iii)a paid advertisement published in a newspaper or periodical or on a billboard;
(iv)a mailing; or
(v)printed materials. See Montana Code 13-1-101
- Electioneering communication: means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:
(i)refers to one or more clearly identified candidates in that election;
(ii)depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or
(iii)refers to a political party, ballot issue, or other question submitted to the voters in that election. See Montana Code 13-1-101
- Expenditure: means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:
(i)made by a candidate or political committee to support or oppose a candidate or a ballot issue;
(ii)made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220; or
(iii)used or intended for use in making independent expenditures or in producing electioneering communications. See Montana Code 13-1-101
- Independent expenditure: means an expenditure for an election communication to support or oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue committee. See Montana Code 13-1-101
- Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
- Political committee: means a combination of two or more individuals or a person other than an individual who receives a contribution or makes an expenditure:
(i)to support or oppose a candidate or a committee organized to support or oppose a candidate or a petition for nomination;
(ii)to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or
(iii)to prepare or disseminate an election communication, an electioneering communication, or an independent expenditure. See Montana Code 13-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(b)The commissioner may, for good cause shown in a written application by a candidate, political committee, or joint fundraising committee grant a waiver to the requirement that reports be filed electronically.
(c)(i) If a candidate or treasurer for a political committee or a joint fundraising committee experiences technical difficulties with the electronic report filing system, the candidate or treasurer may file by fax or e-mail the same information in hard copy with the commissioner that would otherwise be required by subsection (1)(a) to be filed electronically. Within 3 days of filing the required information in hard copy, the candidate or treasurer shall file the information electronically.
(ii)A filing made pursuant to subsection (1)(c)(i) must be considered the same as an electronic submission. The commissioner may not include a candidate in the notification to the secretary of state required by 13-37-126(5) if the candidate meets the requirements of subsection (1)(c)(i).
(d)To facilitate the implementation of subsection (1)(c), the commissioner shall provide an interactive document that can be filled out by the candidate or treasurer and printed, e-mailed, or faxed.
(2)The commissioner shall post on the commissioner’s website:
(a)all reports filed under 13-37-226 within 7 business days of filing; and
(b)for each election, the calendar dates that correspond with the filing requirements of 13-37-226.
(3)In lieu of all contribution and expenditure reports required by this chapter, the commissioner shall accept copies of the reports filed by candidates for congress and president of the United States and their political committees pursuant to the requirements of federal law.
(4)A person who makes an election communication, electioneering communication, or independent expenditure is subject to reporting and disclosure requirements as provided in chapters 35 and 37 of this title.