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BILL AS PASSED BY SENATE 2007-2008

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S.164

AN ACT RELATING TO CAMPAIGN FINANCE

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

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  Large campaign contributions reduce public confidence in the electoral process and increase the risk and the appearance that candidates and elected officials will not act in the best interests of all Vermont citizens.

(2)  Some candidates and elected officials, particularly when time is limited, respond and give access to contributors who make large contributions in preference to those who make small or no contributions.

(3)  In Vermont, contributions greater than the amounts specified in this act are considered by the general assembly, candidates, and elected officials to be large contributions.

(4)  In Vermont, contributions in the amounts permitted in this act adequately allow contributors to express their opinions, levels of support, and affiliations with respect to candidates, political committees, and political parties.

(5)  In Vermont, candidates can raise sufficient monies to fund effective campaigns from contributions no larger than the amounts specified in this act.

(6)  Limiting large contributions will encourage direct and small group contact between candidates and the electorate and will encourage the personal involvement of a larger number of citizens in campaigns, both of which are crucial to public confidence and the robust debate of issues.

(7)  In Vermont, campaign expenditures by persons who are not candidates have been increasing and public confidence is eroded when unidentified expenditures are made, particularly during the final days of a campaign.

(8)  Identification of persons who publish political advertisements and electioneering communications assists in enforcement of the campaign finance limitations established by this act.

(9)  Aggregate contributions limitations are necessary to limit the influence of a single source, political committee, or political party in an election.

(10)  There is an extensive record supporting the need for the regulation of campaign finance in Vermont that was compiled during the consideration of No. 64 of the Acts of 1997, and that was considered by the courts during the litigation of Landell v. Sorrell, 118 F.Supp. 459 (D.Vt. 2000), aff’d in part and vacated in part, 382 F.3d 91 (2d Cir. 2004), rev’d and remanded sub nom. Randall v. Sorrell, 126 S. Ct. 2479 (2006).

(11)  This act is necessary in order to implement more fully the provisions of Article 8 of Chapter I of the Constitution of the State of Vermont, which declares “That all elections ought to be free and without corruption, and that all voters, having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution.”

Sec. 2.  17 V.S.A. § 2801 is amended to read:

§ 2801.  DEFINITIONS

As used in this chapter:

(1)  “Candidate” means an individual who has taken affirmative action to become a candidate for state, county, local, or legislative office in a primary, special, general, or local election.  An affirmative action shall include one or more of the following:

(A)  accepting contributions or making expenditures totalling $500.00 or more; or

(B)  filing the requisite petition for nomination under this title or being nominated by primary or caucus; or

(C)  announcing that he or she seeks an elected position as a state, county, or local officer or a position as representative or senator in the general assembly.

(2)  “Clearly identified,” with respect to a candidate, means that:

(A)  The name of the candidate appears;

(B)  A photograph or drawing of the candidate appears; or

(C)  The identity of the candidate is apparent by unambiguous reference.

(3)  “Contribution” means a payment, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid to a person for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates in any election, but shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee or political party.  For purposes of this chapter, “contribution” shall not include a personal loan from a lending institution any of the following:

(A)  a personal loan of money to a candidate from a lending institution made in the ordinary course of business;

(B)  services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;

(C)  unreimbursed travel expenses incurred within the state of Vermont and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $500.00 per election;

(D)  unreimbursed campaign‑related travel expenses incurred within the state of Vermont and paid for by the candidate or the candidate’s spouse or civil union partner;

(E)  the payment by a party’s state, county, or town committee of the costs of preparation, display, or mailing or other distribution of a party candidate listing;

(F)  documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this title, lists of registered voters and voter identification information, created, obtained, or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party;

(G)  compensation paid by a state party committee to its employees or consultants for the following purposes:

(i)  providing no more than a total of 20 hours of assistance from its employees for the specific and exclusive benefit of a single candidate in any election;

(ii)  recruiting and overseeing volunteers for campaign activities involving three or more candidates; or

(iii)  coordinating campaign events involving three or more candidates;

(H)  campaign training sessions provided to three or more candidates;

(I)  costs paid for by a party committee in connection with a campaign event at which three or more candidates are present;

(J)  the use of offices, telephones, computers, and similar equipment when that use does not result in additional cost to the provider; or

(K)  activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention or depict a clearly identified candidate.

(3)(4)  “Expenditure” means a payment, disbursement, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates.  For the purposes of this chapter, “expenditure” shall not include any of the following:

(A)  a personal loan of money to a candidate from a lending institution made in the ordinary course of business;

(B)  services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;

(C)  unreimbursed travel expenses incurred within the state of Vermont and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $500.00 per election;

(D)  unreimbursed campaign‑related travel expenses incurred within the state of Vermont and paid for by the candidate or the candidate’s spouse or civil union partner.

(5)  “Party candidate listing” means any communication by a political party that:

(A)  lists the names of at least three candidates for election to public office;

(B)  is distributed through public advertising such as broadcast stations, cable television, newspapers and similar media, or through direct mail, telephone, electronic mail, publicly accessible sites on the internet or personal delivery;

(C)  treats all candidates in the communication in a substantially similar manner; and

(D)  is limited to:

(i)  the identification of each candidate, with which pictures may be used;

(ii)  the offices sought;

(iii)  the offices currently held by the candidates;

(iv)  the party affiliation of the candidates and a brief statement about the party or the candidates’ positions, philosophy, goals, accomplishments, or biographies;

(v)  encouragement to vote for the candidates identified; and

(vi)  information about voting, such as voting hours and locations.

(4)(6)  “Political committee” or “political action committee” means any formal or informal committee of two or more individuals, or a corporation, labor organization, public interest group, or other entity, not including a political party, which receives contributions of more than $500.00 and makes expenditures of more than $500.00 in any one calendar year for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public question in any election or affecting the outcome of an election.

(5)(7)  “Political party” means a political party organized under chapter 45 of this title or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof and including the national or regional affiliates affiliate of the party.  A political party organized under chapter 45 of this title or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof shall be considered a separate political party from the national affiliate of the party.

(6)(8)  “Single source” means an individual, partnership, corporation, association, labor organization, or any other organization or group of persons which is not a political committee or political party.

(7)(9)  “Election” means the procedure whereby the voters of this state or any of its political subdivisions select a person to be a candidate for public office or fill a public office, or to act on public questions including voting on constitutional amendments.  Each primary, general, special, run‑off, or local election shall constitute a separate election.

(8)(10)  “Public question” means an issue that is before the voters for a binding decision.

(9)(11)  “Two‑year general election cycle” means the 24‑month period that begins 38 days after a general election. Expenditures related to a previous campaign and contributions to retire a debt of a previous campaign shall be attributed to the earlier campaign cycle.

(10)(12)  “Full name” means an individual’s full first name, middle name or initial, if any, and full legal last name, making the identity of the person who made the contribution apparent by unambiguous reference.

(11)(13)  “Telephone bank” means more than 500 telephone calls of an identical or substantially similar nature that are made to the general public within any 30‑day period.


Sec. 3.  17 V.S.A. § 2801a is amended to read:

§ 2801a.  EXCEPTIONS

The definitions of “contribution,” “expenditure,” and “electioneering communication” shall not apply to:

(1)  any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication which has not been paid for, or such facilities are not owned or controlled, by any political party, committee, or candidate;

(2)  any communication distributed through a public access television station if the communication complies with the laws and rules governing the station, and all candidates in the race have an equal opportunity to promote their candidacies through the station; and

(3)  any communication by any membership organization or corporation to its members or stockholders unless the communication is made primarily for the purpose of influencing the nomination or election of any person to state or county office.

Sec. 4.  17 V.S.A. § 2805 is amended to read:

§ 2805.  LIMITATIONS OF CONTRIBUTIONS

(a)  A candidate for state representative or local office shall not accept contributions totaling more than $200.00 $250.00 from a single source, or political committee or political party in any two‑year general election cycle.

(b)  A candidate for state senator or county office shall not accept contributions totaling more than $300.00 $500.00 from a single source, or political committee or political party in any two‑year general election cycle.

(c)  A candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or attorney general shall not accept contributions totaling more than $400.00 $750.00 from a single source, or political committee or political party in any two‑year general election cycle.

A political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000.00 from a single source, political committee or political party in any two‑year general election cycle.

(d)  A candidate for the office of governor shall not accept contributions totaling more than $1,000.00 from a single source or political committee in any election.

(b)(e)  A single source, political committee or political party shall not contribute more to a candidate, political committee or political party than the candidate, political committee or political party is permitted to accept under subsection (a) of this section than $20,000.00 to all candidates in any two‑year general election cycle.  A single source shall not contribute more than $20,000.00 to all political committees and political parties in any two‑year general election cycle.

(c)(f)  A candidate, political party or political committee shall not accept,  from a political party contributions totaling more than the following amounts in any two‑year general election cycle, more than 25 percent of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not organized in the state of Vermont:

(1)  For the office of governor, $30,000.00;

(2)  For the office of lieutenant governor, $10,000.00;

(3)  For the office of secretary of state, state treasurer, auditor of accounts, or attorney general, $5,000.00;

(4)  For the office of state senator or county office, $2,000.00;

(5)  For the office of state representative or local office, $1,000.00.

(g)  A single source, political committee, or political party shall not contribute more to a candidate, political committee, or political party than the candidate, political committee, or political party is permitted to accept under subsections (a) through (d) and (f) of this section.

(d)(h)  A candidate shall not accept a monetary contribution in excess of $50.00 unless made by check, credit or debit card, or other electronic transfer.

(e)(i)  A candidate, political party, or political committee shall not knowingly accept a contribution which is not directly from the contributor, but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, or otherwise circumventing the provisions of this chapter.  It shall be a violation of this chapter for a person to make a contribution with the explicit or implicit understanding that the contribution will be transferred in violation of this subsection.

(f)(j)  This section shall not be interpreted to limit the amount a candidate or his or her immediate family may contribute to his or her own campaign.  For purposes of this subsection, “immediate family” means individuals related to the candidate in the first, second or third degree of consanguinity a candidate’s spouse or civil union partner, parent, grandparent, child, grandchild, sister, brother, stepparent, stepgrandparent, stepchild, stepgrandchild, stepsister, stepbrother, mother‑in‑law, father‑in‑law, brother‑in‑law, sister‑in‑law, son‑in‑law, daughter‑in‑law, guardian, or former guardian.

(g)(k)  The limitations on contributions established by this section shall not apply to contributions made for the purpose of advocating a position on a public question, including a constitutional amendment.

(h)(l)  For purposes of this section, the term “candidate” includes the candidate’s political committee.

(m)  The contribution limitations contained in this section shall be adjusted for inflation by increasing them based on the Consumer Price Index.  Increases shall be rounded up to the nearest $10.00.  Increases shall be effective for the first two‑year general election cycle beginning after the general election held in 2008.  On or before July 1, 2009, the secretary of state shall calculate and publish the amount of each limitation that will apply to the election cycle in which July 1, 2009 falls.  On July 1 of each subsequent odd‑numbered year, the secretary shall publish the amount of each limitation for the election cycle in which that publication falls.

Sec. 5.  17 V.S.A. § 2805b is added to read:

§ 2805b.  LIMITATIONS ON CONTRIBUTIONS; POLITICAL
    COMMITTEES

A political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000.00 from a single source, political committee or political party in any two‑year general election cycle.

Sec. 6.  17 V.S.A. § 2809 is amended to read:

§ 2809.  ACCOUNTABILITY FOR RELATED COORDINATED
  EXPENDITURES

(a)  A related coordinated campaign expenditure made on a candidate’s behalf shall be considered a contribution to the candidate on whose behalf it was made.

(b)  A related coordinated campaign expenditure made on a candidate’s behalf shall be considered an expenditure by the candidate on whose behalf it was made.  However, if the expenditure did not exceed $50.00, the expenditure shall not be considered an expenditure by the candidate on whose behalf it was made.

(c)  For the purposes of this section, a “related coordinated campaign expenditure made on the candidate’s behalf” means any expenditure intended to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by or approved by the candidate or the candidate’s political committee  made by a single source, political committee, or political party in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s political committee or an agent, unless otherwise exempt under subdivision 2801(3) or (4) or section 2801a of this title.

(d)  An expenditure made by a political party or by a political committee that recruits or endorses candidates, that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure, is presumed to be a related expenditure made on behalf of those candidates.  An expenditure made by a political party or by a political committee that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion or organizational capacity shall not be presumed to be a related expenditure made on a candidate’s behalf.  In addition, an expenditure shall not be considered a “related campaign expenditure made on the candidate’s behalf” if all of the following apply:

(1)  The expenditures were made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet the candidate personally.

(2)  The expenditures were made only for refreshments and related supplies that were consumed at that event.

(3)  The amount of the expenditures for the event was less than $100.00.

For the purposes of this section, a “coordinated campaign expenditure made on the candidate’s behalf” does not mean:

(1)  the cost of invitations and postage and of food and beverages voluntarily provided by an individual to provide an opportunity for a group of voters to meet a candidate, if the cumulative value of these activities by the individual on behalf of any candidate does not exceed $500.00 per election;

(2)  the sale of any food or beverage by a vendor at a charge less than the normal comparable charge, for use at a campaign event providing an opportunity for a group of voters to meet a candidate, if the charge to the candidate is at least equal to the cost of the food or beverages to the vendor and if the cumulative value of the food or beverages does not exceed $500.00 per election; or

(3)  amounts expended by an association or a membership organization in compiling and disseminating a nonpartisan voter guide that includes reports of votes on legislation by, or answers to written questions directed to, all or substantially all of the candidates seeking election to the general assembly or to statewide office, about the candidates’ positions on issues of concern to the association or organization, if all of the following apply:

(A)  the association or organization has been in continuous existence at least six months prior to the primary election date and was not created for the primary purpose of influencing elections;

(B)  the association or organization identifies itself as the sponsor of the communication, and accepts no funding from a candidate, political committee, or political party to defray the costs of the voter guide;

(C)  the voter guide does not contain a phrase such as “vote for,” “re‑elect,” “support,” “cast your ballot for,” “(name of candidate) for Senate,” “(name of candidate) in (year),” “vote against,” “defeat,” or “reject,” or equivalent campaign slogans or words that advocate the election or defeat of a clearly identified candidate; and

(D)  the voter guide does not contain photographs or messages provided by a candidate or his or her political committee or agents other than responses of 10 words or less to the general questionnaire submitted to all candidates.

* * *

Sec. 7.  17 V.S.A. § 2893(b) is amended to read:

(b)  In addition to any other reports required to be filed under this chapter, a person who makes expenditures for any one mass media activity totaling $500.00 or more within 30 days of a primary or general election shall, for each activity, file a mass media report with the secretary of state and send a copy copies, by a verifiable method of sending, of the mass media report and the complete mass media activity in the same format as distributed to the public to each candidate whose name or likeness is included in the activity within 24 hours of the expenditure or activity, whichever occurs first at the same time as the release of the information contained in the mass media activity to the public.  For the purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.  The report shall identify the person who made the expenditure with the name of the candidate involved in the activity and any other information relating to the expenditure that is required to be disclosed under the provisions of subsections 2803(a) and (b) of this title.

Sec. 8.  REPEAL

17 V.S.A. § 2805a (campaign expenditure limitations) is repealed.

Sec. 9.  EFFECTIVE DATE

This act shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us