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S.16

Introduced by Senator Rivers of Windsor County, Senator Ankeney of Chittenden County and Senator McCormack of Windsor County

Referred to Committee on

Date:

Subject: Elections; campaign finance; public financing; elections commission

Statement of purpose: This bill proposes the following: (1) to allow state senators to receive public financing; (2) to provide an increase in public financing when an opposing candidate outspends a publicly-financed candidate; and (3) to establish an elections commission.

AN ACT RELATING TO PUBLIC FINANCING OF CAMPAIGNS FOR STATE SENATE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 17 V.S.A. § 2852(a) is amended to read:

§ 2852. FILING OF VERMONT CAMPAIGN FINANCE AFFIDAVIT

(a) A candidate for the office of governor *[or]*, lieutenant governor, or state senator who intends to seek Vermont campaign finance grants from the Vermont campaign fund shall file a Vermont campaign finance affidavit on the date on or before which primary petitions must be filed, whether the candidate seeks to enter a party primary or is an independent candidate.

Sec. 2. 17 V.S.A. § 2854 is amended to read:

§ 2854. QUALIFYING CONTRIBUTIONS

(a) In order to qualify for Vermont campaign finance grants, a candidate for the office of governor *[or]*, lieutenant governor, or state senator must obtain during the Vermont campaign finance qualification period the following amount and number of qualifying contributions for the office being sought:

(1) For governor, a total amount of no less than $35,000.00 collected from no fewer than 1,500 qualified individual contributors making a contribution of no more than $50.00 each.

(2) For lieutenant governor, a total amount of no less than $17,500.00 collected from no fewer than 750 qualified individual contributors making a contribution of no more than $50.00 each.

(3) For state senator, a total amount of no less than $1,000.00 collected from no fewer than 100 qualified individual contributors making a contribution of no more than $50.00 each and, in senate districts with more than one seat, an additional $500.00 collected from no fewer than an additional 50 qualified individual contributors making a contribution of no more than $50.00 each for each additional seat.

(b) No candidate may accept more than one qualifying contribution from the same contributor and no contributor may make more than one qualifying contribution to the same candidate in any Vermont campaign finance qualification period. For the purpose of this section, a qualified individual contributor means an individual who is registered to vote in Vermont. *[No]* Except for contributors to a candidate for state senator, no more than 25 percent of the total number of qualified individual contributors may be residents of the same county.

* * *

Sec. 3. 17 V.S.A. § 2855 is amended to read:

§ 2855. VERMONT CAMPAIGN FINANCE GRANTS; AMOUNTS;

TIMING

* * *

(b) Whether a candidate has entered a primary or is an independent candidate, Vermont campaign finance grants shall be in the following amounts:

(1) For governor, $75,000.00 in a primary election period and $225,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.

(2) For lieutenant governor, $25,000.00 in a primary election period and $75,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.

(3) For state senator, $1,000.00 in a primary election period and $3,000.00 in a general election period. In senate districts with two seats, for state senator, $1,500.00 in a primary election and $4,500.00 in a general election period. In senate districts with three seats, for state senator, $2,000.00 in a primary election period and $6,000.00 in a general election period. In senate districts with four seats, for state senator, $2,500.00 in a primary election period and $7,500.00 in a general election period. In senate districts with five seats, for state senator, $3,000.00 in a primary election period and $9,000.00 in a general election period. In senate districts with six seats, for state senator, $3,500.00 in a primary election period and $10,500.00 in a general election period. All grants for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.

(4) A candidate who is an incumbent of the office being sought shall be entitled to receive a grant in an amount equal to 85 percent of the amount listed in subdivision (1) *[or]*, (2), or (3) of this subsection.

* * *

Sec. 4. 17 V.S.A. § 2855a is added to read:

§ 2855a. OPPONENT OVERSPENDING; MATCHING FUNDS

When any campaign, finance, or election report shows that the sum of a candidate’s expenditures or obligations, or funds raised or borrowed, whichever is greater, alone or in conjunction with independent expenditures reported under section 2883 of this title, exceeds the distribution amount under section 2855 of this title, the secretary shall issue immediately to any opposing candidate who has qualified for Vermont campaign finance grants under this subchapter an additional amount equivalent to the reported excess. Matching funds of this sort are limited to two-thirds the amount originally distributed under section 2855 of this title.

Sec. 5. 17 V.S.A. § 2884 is added to read:

§ 2884. STATE ELECTIONS COMMISSION

(a) A state elections commission is created. The commission shall consist of five members appointed by the governor, with the advice and consent of the senate, for two-year terms. The governor shall appoint one member from each major political party from a list of no fewer than three persons recommended by each party. The remaining members appointed by the governor shall be citizens who are not members of any major political party.

(b) In the event of a vacancy occurring in the membership of the commission, the vacancy shall be filled in the same manner as the original appointment with a person whose appointment shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.

(c) Members shall be entitled to compensation and expenses as provided in section 1010 of Title 32.

(d) The commission shall:

(1) Administer the state campaign fund in accordance with rules adopted by it for that purpose.

(2) Determine eligibility for public financing under this subchapter.

(3) Issue periodic written reports.

(4) Develop, and continuously update, a publicly-accessible database containing all of the fund’s receipts and expenditures.

Sec. 6. SUNSET

Section 2855a of Title 17 shall expire when the Court of Appeals for the Second Circuit reinstates the expenditure limits in section 2805a of Title 17 and the time for filing an appeal of the court’s decision expires or when the United States Supreme Court reinstates the expenditure limits in section 2805a of Title 17.