Arizona Laws 16-972. Campaign media spending; transfer records; written notice; donor opt-out; disclosure of previous records
(Caution: 1998 Prop. 105 applies)
Terms Used In Arizona Laws 16-972
- Commission: means the citizens clean elections commission. See Arizona Laws 16-971
- Contribution: means money, donation, gift, loan or advance or other thing of value, including goods and services. See Arizona Laws 16-971
- Donor: The person who makes a gift.
- Election cycle: means the time beginning the day after general election day in even-numbered years and continuing through the end of general election day in the next even-numbered year. See Arizona Laws 16-971
- Identity: means :
(a) In the case of an individual, the name, mailing address, occupation and employer of the individual
(b) In the case of any other person, the name, mailing address, federal tax status and state of incorporation, registration or partnership, if any. See Arizona Laws 16-971
- In-kind contribution: means a contribution of goods, services or anything of value that is provided without charge or at less than the usual and normal charge. See Arizona Laws 16-971
- Original monies: means business income or an individual's personal monies. See Arizona Laws 16-971
- Person: includes both a natural person and an entity such as a corporation, limited liability company, labor organization, partnership or association, regardless of legal form. See Arizona Laws 16-971
- Traceable monies: means :
(a) Monies that have been given, loaned or promised to be given to a covered person and for which no donor has opted out of their use or transfer for campaign media spending pursuant to section 16-972. See Arizona Laws 16-971
- Transfer records: means a written record of the identity of each person that directly or indirectly contributed or transferred more than $2,500 of original monies used for campaign media spending, the amount of each contribution or transfer and the person to whom those monies were transferred. See Arizona Laws 16-971
- Writing: includes printing. See Arizona Laws 1-215
A. A covered person must maintain transfer records. The covered person must maintain these records for at least five years and provide the records on request to the commission.
B. Before the covered person may use or transfer a donor‘s monies for campaign media spending, the donor must be notified in writing that the monies may be so used and must be given an opportunity to opt out of having the donation used or transferred for campaign media spending. The notice under this subsection must:
1. Inform donors that their monies may be used for campaign media spending and that information about donors may have to be reported to the appropriate government authority in this state for disclosure to the public.
2. Inform donors that they can opt out of having their monies used or transferred for campaign media spending by notifying the covered person in writing within twenty-one days after receiving the notice.
3. Comply with rules adopted by the commission pursuant to this chapter to ensure that the notice is clearly visible and that it accomplishes the purposes of this section.
C. The notice required by this section may be provided to the donor before or after the covered person receives a donor’s monies, but the donor’s monies may not be used or transferred for campaign media spending until at least twenty-one days after the notice is provided or until the donor provides written consent pursuant to this section, whichever is earlier.
D. Any person that donates to a covered person more than $5,000 in traceable monies in an election cycle must inform that covered person in writing, within ten days after receiving a written request from the covered person, of the identity of each other person that directly or indirectly contributed more than $2,500 in original monies being transferred and the amount of each other person’s original monies being transferred. If the original monies were previously transferred, the donor must disclose all such previous transfers of more than $2,500 and identify the intermediaries. The donor must maintain these records for at least five years and provide the records on request to the commission.
E. Any person that makes an in-kind contribution to a covered person of more than $5,000 in an election cycle to enable campaign media spending must inform that covered person in writing, at the time the in-kind contribution is made or promised to be made, of the identity of each other person that directly or indirectly contributed or provided more than $2,500 in original monies used to pay for the in-kind contribution and the amount of each other person’s original monies so used. If the original monies were previously transferred, the in-kind donor must disclose all such previous transfers of more than $2,500 and identify the intermediaries. The in-kind donor must maintain these records for at least five years and provide the records on request to the commission.