16-905. Contribution limitations; civil penalty; complaint

1. For an election other than for a statewide office, a contributor shall not give and an exploratory committee, a candidate or a candidate's campaign committee shall not accept contributions of more than:
   1. Three hundred dollars from an individual.

   2. Three hundred dollars from a single political committee, excluding a political party, not certified under subsection I of this section to make contributions at the higher limits prescribed by paragraph 3 of this subsection and subsection B, paragraph 3 of this section.

   3. One thousand five hundred ten dollars from a single political committee, excluding a political party, certified pursuant to subsection I of this section.

2. For an election for a statewide office, a contributor shall not give and an exploratory committee, a candidate or a candidate's committee shall not accept contributions of more than:
   1. Seven hundred sixty dollars from an individual.

   2. Seven hundred sixty dollars from a single political committee, excluding a political party, not certified under subsection I of this section to make contributions at the higher limits prescribed by subsection A, paragraph 3 and paragraph 3 of this subsection.

   3. Three thousand seven hundred ninety dollars from a single political committee excluding political parties certified pursuant to subsection I of this section.

3. A candidate shall not accept contributions from all political committees, excluding political parties, combined totaling more than seven thousand five hundred sixty dollars for an office other than a statewide office, or seventy-five thousand six hundred ten dollars for a statewide office.

4. A nominee of a political party shall not accept contributions from all political parties or political organizations combined totaling more than seven thousand five hundred sixty dollars for an election for an office other than a statewide office, and seventy-five thousand six hundred ten dollars for an election for a statewide office.

5. An individual shall not make contributions totaling more than two thousand eight hundred twenty dollars in a calendar year to state and local candidates, political committees contributing to state or local candidates, and political committees advocating the election or defeat of state or local candidates. Contributions to political parties are exempt from the limitations of this subsection.

6. The use of a candidate's personal monies is not subject to the limitations of this section but affects the application of these limitations to the candidate's opponents as follows:
   1. For a candidate for an office other than a statewide office:

      (a) If a candidate contributes or promises amounts of more than eleven thousand eight hundred forty dollars of those personal monies, the candidate, within twenty-four hours, excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to all other candidates and the candidates' campaign committees for the same office at the address on file with the filing officer and to the filing officer. Other candidates for the same office and contributors to those candidates are not subject to the limitations of subsections A, C and E of this section after receiving the notice until these candidates receive contributions totaling the amount of personal monies contributed or promised by the candidate giving this notice.

      (b) For each additional accumulation of contributions or promises of that candidate's personal monies that totals at least five thousand nine hundred twenty dollars, the candidate, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice. The notice shall be given as prescribed in subdivision (a) of this paragraph. Other candidates for the same office and contributors to those candidates are not subject to the limitations of subsections A, C and E of this section after receiving the notice until these candidates receive contributions totaling the amount of personal monies contributed or promised by the candidate giving this notice.

   2. For a candidate for a statewide office:

      (a) If a candidate contributes or promises amounts of more than twenty-three thousand six hundred seventy dollars of those personal monies, the candidate, within twenty-four hours, excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to all other candidates and the candidates' campaign committees for the same office at the address on file with the filing officer and to the secretary of state. Other candidates for the same office and contributors to those candidates are not subject to the limitations of subsections B, C and E of this section after receiving the notice until these candidates receive contributions totaling the amount of personal monies contributed or promised by the candidate giving this notice.

      (b) For each additional accumulation of contributions or promises of that candidate's personal monies that totals at least eleven thousand eight hundred forty dollars, the candidate, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice of the amount contributed or promised as of the date of the notice. The notice shall be given as prescribed in subdivision (a) of this paragraph. Other candidates for the same office and contributors to those candidates are not subject to the limitations of subsections B, C and E of this section after receiving the notice until these candidates receive contributions totaling the amount of personal monies contributed or promised by the candidate giving this notice.

   3. If any notice prescribed by this subsection is not timely given the other candidates are not subject to the limitations of subsections A, B and C of this section for an additional five hundred ninety dollars for each day the notice was delinquent.

   4. Notwithstanding any other provision of this subsection, the amount of contributions that a candidate may receive and that is not subject to the limitations of subsections A, B and C of this section shall not be greater than the largest amount of personal contributions, plus any additional amounts due to delinquent notices, made by any other single candidate for the same office.

7. The use of personal monies by an individual who designates an exploratory committee is not subject to the limitations of this section but is subject to the following:
   1. If an individual who has designated a committee for other than statewide office contributes or promises to the committee an amount of personal monies that is more than eleven thousand eight hundred forty dollars, the individual, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to the filing officer.

   2. For each additional accumulation of contributions or promises of the designating individual's personal monies that totals at least six thousand dollars, the individual, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to the filing officer.

   3. If an individual who has designated a committee for statewide office contributes or promises to the committee an amount of personal monies that is more than twenty-three thousand six hundred seventy dollars, the individual, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to the filing officer.

   4. For each additional accumulation of contributions or promises of the designating individual's personal monies that totals at least twelve thousand dollars, the individual, within twenty-four hours excluding Saturdays, Sundays and other legal holidays, shall give written notice by certified mail of the amount contributed or promised as of the date of the notice to the filing officer.

8. A candidate's campaign committee or an individual's exploratory committee shall not make a loan and shall not transfer or contribute money to any other campaign or exploratory committee that is designated pursuant to this chapter or 2 United States Code section 431 except as follows:
   1. An exploratory committee may transfer monies to a subsequent candidate's campaign committee of the individual designating the exploratory committee, subject to the limits of subsection B of this section.

   2. A candidate's campaign committee may transfer or contribute monies to another campaign committee designated by the same candidate as follows:

      (a) Subject to the contribution limits of this section, transfer or contribute monies from one committee to another if both committees have been designated for an election in the same year.

      (b) Without application of the contribution limits of this section, transfer or contribute monies from one committee to another designated for an election in a subsequent year.

9. Only political committees that received monies from five hundred or more individuals in amounts of ten dollars or more in the one year period immediately before application to the secretary of state for qualification as a political committee pursuant to this section may make contributions to candidates under subsection A, paragraph 3 of this section and subsection B, paragraph 3 of this section. The secretary of state shall obtain information necessary to make the determination that a committee meets the requirements of this subsection and shall provide written certification of the fact to the committee. A political committee certification is valid for two years. A candidate's campaign committee shall not accept a contribution pursuant to this subsection unless it is accompanied by a copy of the certification. All political committees that do not meet the requirements of this subsection are subject to the individual campaign contribution limits of subsection A, paragraph 1 of this section and subsection B, paragraph 1 of this section.

10. The secretary of state shall, biennially, adjust to the nearest ten dollars the amounts in subsections A through G of this section by the percentage change in the consumer price index and publish the new amounts for distribution to election officials, candidates and campaign committees. In this subsection, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.

11. The following specific limitations and procedures apply:
    1. The limits of subsections A through D, F and G of this section apply to each election for any office or offices which the candidate seeks.

    2. The limits of subsections A through C of this section apply to the total contributions from all separate segregated funds established, as provided in section 16-920, by a corporation, labor organization, trade association, cooperative or corporation without capital stock.

    3. A contribution by an unemancipated minor child shall be treated as a contribution by his custodial parent or parents for determining compliance with subsection A, paragraph 1, subsection B, paragraph 1, and subsection E of this section.

    4. A contribution by an individual or a single political committee to two or more candidates in connection with a joint fund-raising effort shall be divided among the candidates in direct proportion to each candidate campaign committee's share of the expenses for the fund-raising effort.

    5. A candidate shall sign and file with his nomination paper a statement that he has read all applicable laws relating to campaign financing and reporting.

    6. An individual or political committee shall not use economic influence to induce members of an organization to make contributions to a candidate, collect contributions from members of an organization for transmittal to a candidate, make payments to candidates for public appearances or services which are ordinarily uncompensated or use any similar device to circumvent any of the limitations of this section.

12. A person who violates this section is subject to a civil penalty imposed as prescribed in section 16-924 of three times the amount of money that has been received, expended or promised in violation of this section or three times the value in money for an equivalent of money or other things of value that have been received, expended or promised in violation of this section.

13. Any qualified elector may file a sworn complaint with the attorney general or the county attorney of the county in which a violation of this section is believed to have occurred, and the attorney general or the county attorney shall investigate the complaint for possible action.

14. If the filing officer, attorney general or county attorney fails to institute an action within forty-five working days after receiving a complaint under subsection M of this section, then the individual filing the complaint may bring a civil action in his own name and at his own expense, with the same effect as if brought by the filing officer, attorney general or county attorney. The individual shall execute a bond payable to the defendant if the individual fails to prosecute the action successfully. The court shall award to the prevailing party costs and reasonable attorney fees.

15. If a provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

16. If any notice prescribed by subsection F or G of this section is not given in a timely manner, the designating individual, in the case of an exploratory committee, or the candidate, in the case of a candidate's campaign committee, is subject to a civil penalty of three times the amount of personal monies that were contributed, expended or promised in violation. The civil penalty shall be imposed as prescribed by section 16-924.

WARNING - The above text was curent June 2003, but may be outdated now.