§ 2801 § 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 totaling $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) "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.
(3) "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.
(4) "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) "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 national or regional affiliates of the party.
(6) "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) "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) "Public question" means an issue that is before the voters for a binding decision.
(9) "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) "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) "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. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1987, No. 263 (Adj. Sess.), § 1; 1997, No. 64, § 5, eff. Nov. 4, 1998; 2005, No. 62, § 1.)
§ 2801a § 2801a. Exceptions
The definitions of "contribution," "expenditure," and "electioneering communication" shall not apply to 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. (Added 2005, No. 62, § 2.)
§ 2802 § 2802. Checking account; treasurer
Candidates who have made expenditures or received contributions of $500.00 or more and political committees shall be subject to the following requirements:
(1) All expenditures shall be paid by either a credit card, or a debit card, check, or other electronic transfer from a single checking account in a single bank publicly designated by the candidate or political committee.
(2) Each candidate and each political committee shall name a treasurer, who may be the candidate or spouse, who is responsible for maintaining the checking account. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 2005, No. 62, § 3.)
§ 2803 § 2803. Campaign reports; forms; filing
(a) The secretary of state shall prescribe and provide a uniform reporting form for all campaign finance reports. The reporting form shall be designed to show the following information:
(1) the full name, town of residence, and mailing address of each contributor who contributes an amount in excess of $100.00, the date of the contribution, and the amount contributed;
(2) the total amount of all contributions of $100.00 or less and the total number of all such contributions;
(3) each expenditure listed by amount, date, to whom paid, and for what purpose;
(4) the amount contributed or loaned by the candidate to his or her own campaign during the reporting period; and
(5) each debt or other obligation, listed by amount, date incurred, to whom owed and for what purpose, incurred during the reporting period.
(b) The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven. Contributions and expenditures for the reporting period and for the campaign to date also shall be totaled in an appropriate place on the form. The total of contributions shall include a subtotal of nonmonetary contributions and a subtotal of all monetary contributions. The form shall contain a list of the required filing times so that the person filing may designate for which time period the filing is made. Contributions and expenditures received or spent after 5 p.m. on the third day prior to the filing deadline shall be reported on the next report.
(c) The form described in this section shall contain language of certification of the truth of the statements and places for the signature of the candidate or the treasurer of the campaign.
(d) All reports filed under this section shall be retained in an indexed file by the official with whom the report is filed and shall be subject to the examination of any person.
(e) Disclosure shall be limited to the information required to administer this chapter.
(f) The secretary may require that the form set forth in this section and mass media reports required under section 2893 of this title be filed in a digital format. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1985, No. 198 (Adj. Sess.), §§ 14, 15; 1987, No. 263 (Adj. Sess.), § 2; 1997, No. 64, § 11, eff. Nov. 4, 1998; 2005, No. 62, § 4; 2009, No. 17, § 1.)
§ 2804 § 2804. Surplus campaign funds
(a) No member of a political committee which has surplus funds after all campaign debts have been paid shall convert the surplus to personal use.
(b) No candidate who has surplus funds after all campaign debts have been paid shall convert the surplus to personal use, other than to reduce personal campaign debts.
(c) Surplus funds in a political committee's or candidate's account after payment of all campaign debts may be contributed to other candidates, political parties, or political committees subject to the contribution limits set forth in this chapter or may be contributed to a charity.
(d) The "final report" of a candidate shall indicate the amount of the surplus and how it has been or is to be liquidated. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 2005, No. 62, § 5.)
§ 2805 § 2805. Limitations of contributions
(a) A candidate for state representative or local office shall not accept contributions totaling more than $200.00 from a single source, political committee, or political party in any two-year general election cycle. A candidate for state senator or county office shall not accept contributions totaling more than $300.00 from a single source, political committee, or political party in any two-year general election cycle. 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 from a single source, 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.
(b) 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.
(c) A candidate, political party, or political committee shall not accept, 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.
(d) 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) 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) 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.
(g) 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) For purposes of this section, the term "candidate" includes the candidate's political committee. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1987, No. 263 (Adj. Sess.), § 3, eff. Jan. 1, 1989; 1997, No. 64, § 6, eff. Nov. 4, 1998; 2005, No. 62, § 6.)
§ 2805a § 2805a. Campaign expenditure limitations; amounts
(a) The following campaign expenditure limitations shall apply to all candidates, for all primary, general, and local elections, whether or not a candidate accepts Vermont campaign finance grants under subchapter 6 of this chapter, is financing his or her campaign from private contributions, or from the candidate's own resources or that of his or her immediate family.
(1) A candidate for governor shall limit campaign expenditures to no more than $300,000.00 in any two-year general election cycle.
(2) A candidate for lieutenant governor shall limit campaign expenditures to no more than $100,000.00 in any two-year general election cycle.
(3) A candidate for secretary of state, state treasurer, auditor of accounts, or attorney general shall limit campaign expenditures to no more than $45,000.00 in any two-year general election cycle.
(4) A candidate for state senator or county office shall limit campaign expenditures to no more than $4,000.00 plus, in the case of state senator, an additional $2,500.00 for each additional seat in the senate district, in any two-year general election cycle.
(5) A candidate for state representative in a single-member district shall limit campaign expenditures to no more than $2,000.00, and in a two-member district to no more than $3,000.00, in any two-year general election cycle.
(b) Recognizing the jurisdiction of the Congress of the United States to enact expenditure limitations and campaign finance reforms for candidates for federal office, the general assembly of the state of Vermont expects candidates for the United States House of Representatives and Senate to observe the contribution and expenditure limitations that apply to candidates for the office of governor.
(c) If a candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or attorney general is an incumbent of the office being sought, the candidate shall be permitted to expend only 85 percent of the amount allowed for that office under this section. If a candidate for the general assembly is an incumbent of the office being sought, the candidate shall be permitted to expend only 90 percent of the amount allowed for that office under this section.
(d) For purposes of this section, the term "candidate" includes the candidate's political committee.
(e) The expenditure 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 $100.00. Increases shall be effective for the first campaign cycle beginning after the general election held on November 2, 2004. The adjustments shall be calculated retroactively to January 1, 2001. On or before July 1, 2005, the secretary of state shall calculate and publish the amount of each limitation that will apply to the election cycle in which July 1, 2005, 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. (Added 1997, No. 64, § 7, eff. Nov. 4, 1998; amended 2005, No. 62, § 7.)
§ 2806 § 2806. Penalties
(a) A person who knowingly and intentionally violates a provision of subchapters 2 through 4 of this chapter shall be fined not more than $1,000.00 or imprisoned not more than six months or both.
(b) A person who violates any provision of this chapter shall be subject to a civil penalty of up to $10,000.00 for each violation and shall refund the unspent balance of Vermont campaign finance grants received, if any, calculated as of the date of the violation.
(c) In addition to the other penalties herein provided, a state's attorney or the attorney general may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this chapter. (Added 1981, No. 197 (Adj. Sess.), § 1; amended 1991, No. 156 (Adj. Sess.), § 3, eff. Jan. 1, 1993; 1997, No. 64, § 3.)
§ 2806a § 2806a. Civil investigation
(a) The attorney general or a state's attorney, whenever he or she has reason to believe any person to be or to have been in violation of this chapter or of any rule or regulation made pursuant to this chapter, may examine or cause to be examined by any agent or representative designated by him or her for that purpose any books, records, papers, memoranda, and physical objects of any nature bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation. The attorney general or state's attorney may require the attendance of such person or of any other person having knowledge in the premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the state and may take testimony and require proof material for his or her information and may administer oaths or take acknowledgment in respect of any book, record, paper, or
memorandum. The attorney general or a state's attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses personally or by certified mail upon such person at his or her principal place of business, or, if such place is not known, to his or her last known address. Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this state for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general or a state's attorney or another law enforcement officer engaged in legitimate law enforcement activities, unless with the consent of the person producing the same. This subsection shall not be applicable to any criminal investigation or prosecution brought under the laws of this or any state.
(b) A person upon whom a notice is served pursuant to the provisions of this section shall comply with the terms thereof unless otherwise provided by the order of a court of this state. Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to such notice, or mistakes or conceals any information, shall be fined not more than $5,000.00.
(c) Whenever any person fails to comply with any notice served upon him or her under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general or a state's attorney may file, in the superior court in which such person resides or has his or her principal place of business or in Washington County if such person is a nonresident or has no principal place of business in this state, and serve upon such person a petition for an order of such court for the enforcement of this section. Whenever any petition is filed under this section, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry into effect the provisions of this section. Any disobedience of any order entered under this section by any court shall be punished as a contempt thereof.
(d) Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington superior court or the superior court in the county in which the aggrieved person resides. Except for cases the court considers to be of greater importance, proceedings before superior court as authorized by this section shall take precedence on the docket over all other cases. (Added 2005, No. 62, § 8.)
§ 2807 § 2807. New campaign accounts
Candidates who choose to roll over any surplus contributions into a new campaign account for public office may close out their former campaign by filing a final report with the secretary of state converting all debts and assets to the new campaign. A candidate shall be required to file a new bank designation form only if there has been a change in the treasurer or the location of the campaign account. (Added 1987, No. 263 (Adj. Sess.), § 4; amended 2005, No. 62, § 9.)
§ 2808 § 2808. Repealed. 2005, No. 62, § 14.
§ 2809 § 2809. Accountability for related expenditures
(a) A related 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 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 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.
(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.
(e) A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by filing a petition with the superior court of the county in which either candidate resides. Within 24 hours of the filing of a petition, the court shall schedule the petition for hearing. Except as to cases the court considers of greater importance, proceedings before the superior court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. The findings and determination of the court shall be prima facie evidence in any proceedings brought for violation of this chapter.
(f) The secretary of state may adopt rules necessary to administer the provisions of this section. (Added 1997, No. 64, § 8, eff. Nov. 4, 1998.)
§ 2810 § 2810. Candidate information publication; on-line database
(a) For each two-year general election cycle, the secretary of state shall develop and continuously update a publicly accessible campaign database. The database shall contain at least the following information for all candidates for statewide and county office and for the general assembly: for candidates receiving public financing grants, the amount of each grant awarded; the information contained in campaign finance reports filed under this chapter; and all reports of mass media activity expenditures filed under section 2883 of this title. The database shall also include campaign finance reports filed by candidates for federal office. The information in the database, together with any biographical sketches and position statements submitted to the secretary of state by such candidates, shall be made available to the public through the Vermont state home page on-line service, or through printed reports from the secretary in response to a public request within 14 days of the date of t
he request.
(b) Any candidate for statewide office and any candidate for federal office qualified to be on the ballot in this state may submit to the secretary of state a photograph, biographical sketch, and position statement of a length and format specified by the secretary for the purposes of preparing a candidate information publication. Without making changes in the material presented, the secretary shall prepare a candidate information publication for statewide distribution prior to the general election, which includes the candidates' photographs, biographies, and position statements, a brief explanation of the process used to obtain candidate submissions, and, with respect to offices for which public financing is available, an indication of which candidates are receiving Vermont campaign finance grants and which candidates are not receiving Vermont campaign finance grants. The secretary shall prepare, publish, and distribute the candidate information publication throughout the state no l
ater than one week prior to the general election. The secretary shall also seek voluntary distribution of the candidate information publication in weekly and daily newspapers and other publications in the state. The candidate information publication shall also be available in large type, audiotape, and Internet versions. (Added 1997, No. 64, § 9, eff. Nov. 4, 1998.)
§ 2810a § 2810a. Administration
The secretary of state shall administer this chapter and shall perform all duties required under this chapter. The secretary may employ or contract for the services of persons necessary for performance of these duties. (Added 1997, No. 64, § 10.)
§ 2811 § 2811. Campaign reports; candidates for state office, the general assembly, political committees, and political parties
(a) Each candidate for state office, each candidate for the general assembly who has made expenditures or received contributions of $500.00 or more, and each political committee and each political party required to register under section 2831 of this title shall file with the secretary of state campaign finance reports on July 15th and on the 15th of each month thereafter until and including December 15th.
(b) At any time, but not later than December 15th following the general election, a candidate for state office and each candidate for the general assembly who has made expenditures or received contributions of $500.00 or more shall file with the secretary of state a "final report" which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which shall constitute the termination of his or her campaign activities.
(c) A political committee or political party shall file a campaign finance report not later than 40 days following the general election. At any time, a political committee or a political party may file a "final report" which lists a complete accounting of all contributions and expenditures and which shall constitute the termination of its campaign activities.
(d) In odd-numbered years campaign finance reports shall be filed on July 15.
(e) Each candidate for the general assembly required to file campaign finance reports under this section shall also file such reports with the clerk of the candidate's respective senate or house district.
(f) In addition to any other reports required to be filed under this chapter, a candidate for state office or for the general assembly who receives a monetary contribution in an amount over $2,000.00 within 10 days of a primary or general election shall report the contribution to the secretary of state within 24 hours of receiving the contribution. The report shall include all information that is required to be disclosed under the provisions of subsections 2803(a) and (b) of this title.
(g) Each candidate for state office and each candidate for the general assembly who has made expenditures or received contributions of $500.00 or less shall file with the secretary of state, 10 days following the general election, a statement that the candidate has not made expenditures or received contributions of more than $500.00 during the two-year general election cycle. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1997, No. 64, § 12, eff. Nov. 4, 1998; 2005, No. 62, § 10; 2009, No. 73 (Adj. Sess.), § 10.)
§ 2821 § 2821. Campaign reports; county office candidates
(a) Each candidate for county office who has made expenditures or accepted contributions of $500.00 or more shall file campaign finance reports with the officer with whom his or her nomination papers are filed as follows:
(1) 10 days before the primary election;
(2) 10 days before the general election;
(3) further campaign reports shall be filed on the 15th day of July and annually thereafter or until all contributions and expenditures have been accounted for and any indebtedness and surplus have been eliminated.
(b) Within 40 days after the general election, each candidate for county office who has made expenditures or accepted contributions of $500.00 or more shall file a "final report" which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which shall constitute the termination of his or her campaign activities.
(c) Copies of reports filed under this section shall be forwarded by the officer to the secretary of state within five days of receipt. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1987, No. 263 (Adj. Sess.), §§ 5, 6; amended 1997, No. 64, § 13, eff. Nov. 4, 1998.)
§ 2822 § 2822. Campaign reports; local candidates
Each candidate for local office who has made expenditures or accepted contributions of $500.00 or more shall file with the officer with whom his or her nomination papers are filed campaign finance reports 10 days before and 10 days after the local election. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below.)
§ 2823 § 2823. Nonfiling
The failure of a legislative, county, or local candidate to file a campaign finance report shall be deemed an affirmative statement that the candidate has not accepted contributions or made expenditures of $500.00 or more. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below.)
§ 2831 § 2831. Campaign reports; political committees and parties
(a) Each political committee and each political party which has accepted contributions or made expenditures of $500.00 or more shall register with the secretary of state stating its full name and address, the name of its treasurer, and the name of the bank in which it maintains its campaign checking account within 10 days of reaching the $500.00 threshold.
(b) A political committee or political party which has accepted contributions or made expenditures of $500.00, or more, for the purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall file campaign finance reports 10 days before and 10 days after the local election with the clerk of the municipality in which the election is held and with the secretary of state.
(c) 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 makes expenditures of more than $500.00 in any one calendar year for the purpose of advocating a position on a public question in any election or affecting the outcome of an election on a public question shall file a report of its expenditures 10 days before and 10 days after the election with the clerk of the municipality in which the election is held and with the secretary of state. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1985, No. 198 (Adj. Sess.), §§ 16, 17; 1997, No. 64, § 14, eff. Nov. 4, 1998; 2005, No. 62, § 11.)
§ 2832 § 2832. Filing with federal election commission
A political committee or political party may satisfy the filing requirements of this subchapter and subchapter 2 of this chapter by filing with the secretary of state a copy of that portion of the campaign finance reports applicable to candidates seeking election in this state which the committee or party has filed with the Federal Election Commission and by designating an in-state agent in the report. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out below; amended 1997, No. 64, § 15, eff. Nov. 4, 1998.)
§§ 2841, 2842 §§ 2841, 2842. Repealed. 1997, No. 64, § 20, eff. Nov. 4, 1998.
§ 2851 § 2851. Definitions
As used in this subchapter:
(1) "Affidavit" means the Vermont campaign finance affidavit required under section 2852 of this title.
(2) "General election period" means the period beginning the day after the primary election and ending the day of the general election.
(3) "Primary election period" means the period beginning the day after primary petitions must be filed under section 2356 of this title and ending the day of the primary election.
(4) "Vermont campaign finance qualification period" means the period beginning February 15 of each even-numbered year and ending on the date on which primary petitions must be filed under section 2356 of this title.
(5) "Secretary" means the secretary of state. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2852 § 2852. Filing of Vermont campaign finance affidavit
(a) A candidate for the office of governor or lieutenant governor 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.
(b) The secretary of state shall prepare a Vermont campaign finance affidavit form, informational materials on procedures and financial requirements and notification of the penalties for violation of this subchapter. The Vermont campaign finance affidavit shall set forth the conditions of receiving grants under this subchapter and provide space for the candidate to agree that he or she will abide by such conditions and all expenditure and contribution limitations, reporting requirements, and other provisions of this chapter. The affidavit shall also state the candidate's name, legal residence, business or occupation, address of business or occupation, party affiliation, if any, the office sought, and whether the candidate intends to enter a party primary. The affidavit shall also contain a list of all the candidate's qualifying contributions together with the name and town of residence of the contributor and the date each contribution was made. The affidavit may further require affi
rmation of such other information as deemed necessary by the secretary for the administration of this subchapter. The affidavit shall be sworn and subscribed to by the candidate. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2853 § 2853. Vermont campaign finance grants; conditions
(a) A person shall not be eligible for Vermont campaign finance grants if, during a two-year general election cycle, he or she becomes a candidate by announcing that he or she seeks an elected position as governor or lieutenant governor, or by accepting contributions totaling $2,000.00 or more or by making expenditures totaling $2,000.00 or more, prior to February 15 of the general election year.
(b) A candidate who accepts Vermont campaign finance grants, shall:
(1) Not solicit, accept, or expend any contributions except qualifying contributions, Vermont campaign finance grants and contributions authorized under section 2855 of this title, which contributions may be solicited, accepted or expended only in accordance with the provisions of this subchapter.
(2) Deposit all qualifying contributions, Vermont campaign finance grants and any contributions accepted in accordance with the provisions of section 2855 of this title in a federally insured noninterest bearing checking account.
(3) Not later than 40 days after the general election, deposit in the Vermont campaign fund, after all permissible expenditures have been paid, the balance of any amounts remaining in the account established under subdivision (2) of this subsection. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998; amended 2005, No. 62, § 12.)
§ 2854 § 2854. Qualifying contributions
(a) In order to qualify for Vermont campaign finance grants, a candidate for the office of governor or lieutenant governor 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.
(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 more than 25 percent of the total number of qualified individual contributors may be residents of the same county.
(c) Each qualifying contribution must indicate the name and town of residence of the contributor, the date received, and be acknowledged by the signature of the contributor.
(d) A candidate may retain and expend qualifying contributions obtained under this section. A candidate may expend the qualifying contributions for the purpose of obtaining additional qualifying contributions and may expend the remaining qualifying contributions during the primary and general election periods. Amounts expended under this subsection shall be considered expenditures for purposes of this chapter. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2855 § 2855. Vermont campaign finance grants; amounts; timing
(a) To the extent funds are available, the secretary of state shall make grants from the Vermont campaign fund in separate grants for the primary and general election periods to candidates who have qualified for Vermont campaign finance grants under this subchapter.
(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) 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) of this subsection.
(c) In an uncontested general election and in the case of a candidate who enters a primary election and is unsuccessful in that election, an otherwise eligible candidate shall not be eligible for a general election period grant. However, such candidate may solicit and accept contributions and make expenditures as follows: contributions shall be subject to the limitations of section 2805 of this title and expenditures shall be limited to an amount equal to the amount of the grant set forth in subsection (b) of this section for the general election for that office.
(d) Grants awarded in a primary election period, but not expended by the candidate in the primary election period, may be expended by the candidate in the general election period.
(e) If the Vermont campaign fund contains insufficient revenues to provide Vermont campaign finance grants to all candidates under this section, the available funds shall be distributed proportionately among all qualifying candidates. If grants are reduced under this subsection, a candidate may solicit and accept additional contributions equal to the amount of the difference between the amount of the Vermont campaign finance grants authorized and the amount received under this section. Additional contributions authorized under this subsection shall be governed by the provisions of sections 2805 and 2853 of this title.
(f) Vermont campaign finance grants for a primary election period shall be paid to qualifying candidates within the first 10 business days of the primary election period. Vermont campaign finance grants for a general election period shall be paid to qualifying candidates during the first 10 business days of the general election period. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2856 § 2856. Vermont campaign fund
(a) A Vermont campaign fund is created for distribution of Vermont campaign finance grants to candidates for the offices of governor and lieutenant governor. The fund shall be administered by the state treasurer, and payments shall be made under warrants issued by the secretary of state.
(b) The fund shall consist of revenues from the following sources:
(1) Any amounts required to be deposited in the fund under section 2853 of this title.
(2) All penalties and fines levied for violations of this chapter.
(3) Forty percent of the amounts paid as annual report fees by domestic corporations under 11A V.S.A. § 1.22(a)(17) and 33 percent of the amounts paid as annual report fees by foreign corporations under 11A V.S.A. § 1.22(a)(16).
(4) All amounts collected from the tax on lobbying expenditures imposed under 2 V.S.A. § 264a.
(5) [Repealed.]
(6) Any gifts received by the fund.
(7) Any amounts appropriated to the Vermont campaign fund by act of the general assembly.
(c) All principal and interest remaining in the fund at the close of any fiscal year shall not revert but shall remain in the fund for use in succeeding fiscal years. (Added 1997, No. 64, § 2, eff. Jan. 1, 1998; amended 2009, No. 160 (Adj. Sess.), § 51, eff. Jan. 1, 2011.)
§§ 2881-2883 §§ 2881-2883. Repealed. 2005, No. 62, § 14.
§ 2891 § 2891. Definitions
As used in this chapter, "electioneering communication" means any communication, including communications published in any newspaper or periodical or broadcast on radio or television or over any public address system, placed on any billboards, outdoor facilities, buttons, or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing, robotic phone calls, or mass e-mails that refers to a clearly identified candidate for office and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate. (Added 2005, No. 62, § 13.)
§ 2892 § 2892. Identification
All electioneering communications shall contain the name and address of the person, political committee, or campaign who or which paid for the communication. The communication shall clearly designate the name of the candidate, party, or political committee by or on whose behalf the same is published or broadcast. The identification requirements of this section shall not apply to lapel stickers or buttons, nor shall they apply to electioneering communications made by a single individual acting alone who spends, in a single two-year general election cycle, a cumulative amount of no more than $150.00 on those electioneering communications. (Added 2005, No. 62, § 13.)
§ 2893 § 2893. Notice of expenditure
(a) For purposes of this section, "mass media activities" includes television commercials, radio commercials, mass mailings, literature drops, newspaper and periodical advertisements, robotic phone calls, and telephone banks which include the name or likeness of a clearly identified candidate for office.
(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 of the mass media report to each candidate whose name or likeness is included in the activity within 24 hours of the expenditure or activity, whichever occurs first. 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. (Added 2005, No. 62, § 13.)