Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATUREAMENDMENT REGULARNO SESSION1 2022PROPOSED By:TO Senate Bill No.
Senator(s)2306 TateBY: To:
ElectionsSenator(s) SENATETate BILLAMEND NO.on line 72 by deleting "(i)" AMEND on lines 74 through 78 by deleting "file a notice of appeal with the Mississippi Ethics Commission.
2306The (Ascommission Passedshall consider the Senate)appeal ANin ACTaccordance TOwith AMENDthe SECTIONrules 23-15-813,to MISSISSIPPIbe CODEadopted OFand 1972,published TOby TRANSFERthe THEcommission AUTHORITYpursuant OFto THETitle MISSISSIPPI25, ETHICSChapter COMMISSION43, TOMississippi ASSESSCode Aof CIVIL1972." PENALTYand AGAINSTinserting ANYin CANDIDATElieu ORthereof POLITICALthe COMMITTEEfollowing: FOR FAILURE TO FILE A REPORT TO THE SECRETARY OF STATE;
TOappeal DELETEthe THEdecision PROVISIONSof THATthe PROVIDESSecretary FORof AState HEARINGto FORthe ACircuit CANDIDATECourt ORfor POLITICALthe COMMITTEEFirst BEFOREJudicial THEDistrict STATEof BOARDHinds OFCounty ELECTIONin COMMISSIONERS;accordance with the applicable rules of the court.
TOFURTHER, PROVIDEAMEND FORby ANdeleting APPEALlines PROCEDURE79 FORthrough THOSE83. CANDIDATES WHO ARE ASSESSED A CIVIL PENALTY BY THE SECRETARY OF STATE;
TO22/SS26/SB2306A.J AMEND*SS26/SB2306A.J* SECTIONPAGE 23-15-807,1 MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR REPORTS THAT WOULD OTHERWISE BE DUE ON A WEEKEND OR LEGAL HOLIDAY SHALL BE DUE ON THE NEXT WORKING DAY AFTER THE DUE DATE;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
Section 23-15-813, Mississippi Code of 1972, is amended as follows:
23-15-813.
(a) In addition to any other penalty permitted by law, the * * * Secretary of State shall * * * assess a civil penalty against any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report that fails to substantially S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ G1/2 22/SS26/R754PS PAGE 1 comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, * * * as follows:
(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report.
* * * The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.
(ii) Beginning with the tenth calendar day after which any report is due, the * * * Secretary of State shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days.
In the discretion of the * * * Secretary of State, the assessing of the fine may be waived, in whole or in part, if the * * * Secretary of State determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with the timely filing of a report.
Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 2 notice shall not result in removal or reduction of any assessed civil penalty.
(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.
(iv) Payment of the fine without filing the required report does not excuse or exempt any person from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the * * * Secretary of State, the candidate or political committee shall pay the fine to the * * * Secretary of State within ninety (90) days of the date of the assessment of the fine.
If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the * * * Secretary of State, the * * * Secretary of State shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.
(b) * * * Within thirty (30) calendar days of the assessment of a fine by the Secretary of State, the candidate or political committee against whom the fine was assessed may appeal the S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 3 decision of the Secretary of State to the Circuit Court for the First Judicial District of Hinds County in accordance with the applicable rules of the court.
* * * SECTION 2.
Section 23-15-807, Mississippi Code of 1972, is amended as follows:
23-15-807.
(a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section.
All candidates or political committees required to report such contributions and disbursements may terminate the obligation to report only upon submitting a final report that contributions will no longer be received or disbursements made and that the candidate or committee has no outstanding debts or obligations.
The candidate, treasurer or chief executive officer shall sign the report.
(b) Candidates seeking election, or nomination for election, and political committees making expenditures to influence or attempt to influence voters for or against the nomination for election of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a pre-election report shall be filed no later than the seventh day before any election in which the candidate or political committee has accepted contributions or S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 4 made expenditures and shall be completed as of the tenth day before the election;
(ii) In 1987 and every fourth year thereafter, periodic reports shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and shall be completed as of the last day of each period;
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year shall be filed no later than January 31 of the following calendar year;
and (iv) Except as otherwise provided in the requirements of paragraph (i) of this subsection (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by paragraphs (ii) and (iii) of this subsection (b).
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file periodic reports in the year in which they are to be elected no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.
(d) Each report under this article shall disclose:
(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee, including those required to be identified pursuant to paragraph (ii) of this S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 5 subsection (d) as well as the total of all other contributions and expenditures during the calendar year.
The reports shall be cumulative during the calendar year to which they relate;
(ii) The identification of:
1.
Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;
2.
Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to the person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of the expenditure;
(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;
(iv) In addition to the contents of reports specified in paragraphs (i), (ii) and (iii) of this subsection (d), each political party shall disclose:
S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 6 1.
Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2.
Each person or organization who receives an expenditure or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure;
(v) Disclosure required under this section of an expenditure to a credit card issuer, financial institution or business allowing payments and money transfers to be made over the Internet must include, by way of detail or separate entry, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.
(e) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m.
on the dates specified in subsection (b) of this section.
If the date specified in subsection (b) of this section shall fall on a weekend or legal holiday then the report shall be due in the appropriate office at 5:00 p.m.
on the * * * next working day * * * after the date specified in subsection (b) of S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 7 this section.
The reporting candidate or reporting political committee shall ensure that the reports are delivered to the appropriate office by the filing deadline.
The Secretary of State may approve specific means of electronic transmission of completed campaign finance disclosure reports, which may include, but not be limited to, transmission by electronic facsimile (FAX) devices.
(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m.
of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution.
The notification shall include:
1.
The name of the receiving candidate;
2.
The name of the receiving candidate's political committee, if any;
3.
The office sought by the candidate;
4.
The identification of the contributor;
5.
The date of receipt;
6.
The amount of the contribution;
7.
If the contribution is in-kind, a description of the in-kind contribution;
and 8.
The signature of the candidate or the treasurer or chair of the candidate's political organization.
S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS PAGE 8 (ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 3.
This act shall take effect and be in force from and after July 1, 2022.
S.
B.
No.
2306 *SS26/R754PS* ~ OFFICIAL ~ 22/SS26/R754PS ST:
Campaign finance reports;
amend provisions PAGE 9 relating to.