Skip to main content

Rhode Island Regulations § 410-RICR-10-00-6.4 Reporting Requirements for Independent Expenditures

⤴ Up to Part 6: Reporting Requirements for Coordinated and Independent Expenditures (410-RICR-10-00-6)

Regulation Text

A. It is lawful for any person, including any corporation or any other organization not otherwise prohibited by law and not making an expenditure to or with any candidate, political committee, political party, or political action committee, to independently expend from a person's own funds, including from the treasury of a corporation or organization, a sum which is not to be repaid to said person for the purpose of expressly advocating for the support or defeat of a candidate.
B. Whenever any person makes an independent expenditure that in the aggregate exceeds one hundred dollars ($100.00) in a calendar year, said person shall file a report with the Board of Elections, designated as CF-8, which shall state, under the penalty of perjury, the following information:
1. The identification of the person making the independent expenditure, including the person's address and principal place of business, if not an individual, and the amount expended;
2. The identification of any person sharing or exercising direction or control over the activities of the person making said expenditure, including that person's address and the principal place of business, if not of an individual; and
3. The name and address of every person or entity receiving an expenditure which in the aggregate exceeds one hundred dollars ($100.00), and the amount of each expenditure.
C. The first report must be filed within seven (7) days from the date that said expenditure exceeds the aggregate of one hundred dollars ($100.00). Thereafter, said person shall file additional CF-8 reports with the Board of Elections no later than seven days after the independent expenditure is made.
D. The date for such expenditure is the date that a written contract, oral agreement or other promise is made to make an expenditure, rather than the date that the funds are actually expended.
E. For each expenditure made, a report must be filed with the Board of Elections identifying the source of monies used for said expenditure. For example, where an association or corporation uses monies provided by its members for the purpose of expressly advocating the support or defeat of a candidate, each person from whom said monies was received shall be identified in the filings with the Board of Elections, which shall include the person's name, address, and amount contributed for the purpose of making an electioneering communication or other such expenditure by said corporation or association. Each such person shall be identified on Form CF-8.
F. Further, when a member of a legal entity that is making independent expenditures transfers money or other thing of value to said legal entity, and knows that the monies or other thing of value is to be used by the legal entity for the purpose of making an expenditure in support of or in opposition to a candidate for office, said donor must file a Form CF-8 with the Board, within seven (7) days of the transfer.
G. Additionally, any legal entity receiving said monies or other thing of value must likewise report to the Board the receipt of said monies or item of value within seven (7) days. The legal entity receiving said monies or other thing of value shall forward a copy of Form CF-8 to the donor member with notice that said form may be required to be completed by the donor member. This shall apply whenever a legal entity receives any money or other thing of value in excess of one hundred dollars ($100.00) from any single source. No corporation, whether for profit or non-profit, domestic or foreign, or any other legal entity as defined herein, is permitted to make any expenditures to or with any candidate, political action committee, or political-party committee, or for any candidate, political action committee, or political party committee to accept any campaign contribution or expenditure from such corporation or other legal entity.
H. An expenditure shall be deemed to be made to or with any candidate, political action committee, or political party, if one or more of the following factors are 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 office in the same election cycle, including any advice relating to the candidate's decision to seek election to office;
4. The person making the expenditures 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 office in the same election cycle, including any services relating to the candidate's decision to seek election to-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 office, with:
a. 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
b. 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.
I. Nothing contained in this regulation shall be construed to limit the amount of monies expended by an independent candidate advocate for the purpose of independent candidate advocacy.
J. Independent candidate advocates shall maintain and preserve all records and supporting documentation for a period of four (4) years from the filing date.
K. Independent candidate advocates found in violation of this regulation may be fined within the provisions of R.I. Gen. Laws Chapter 17-25.

Explore Related Documents

This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.