Rule 13-02 Disclosure Statements.

Each disclosure statement shall consist of the following information:

(a) Filer Information.

(1) All independent spenders shall provide their:

(i) name, mailing address, telephone number, email address, and employer information;

(ii) authorized liaison’s name, mailing address, email address, telephone number, and employer information; and

(iii) other similar information that may be required by the Board.

(2) Independent spenders that are entities must also provide their:

(i) website URL;

(ii) treasurer name, mailing address, email address, telephone number, and employer information;

(iii) type of organization;

(iv) name(s) of principal owners, and employer information for any such owners who are individuals; and

(v) name and employer information of board members and officers or their equivalents.

(3) Independent spenders that are individuals must also provide their occupation and employer information.

(b) Communications.

When an independent spender makes covered expenditures aggregating $1,000 or more during an election cycle for communications that refer to a specific candidate or ballot proposal, it must report these communications and each future communication associated with an expenditure of $100 or more that refers to that candidate or ballot proposal. Expenditures of less than $100 shall not be covered expenditures for the purposes of this subdivision. Each communication shall be disclosed in the reporting period in which it is first published, aired, or otherwise distributed, except that no communication is required to be disclosed before the $1,000 threshold has been reached. For each communication, the independent spender shall provide:

(1) The type of communication;

(2) Its distribution date;

(3) The names of the candidates and/or ballot proposals referred to in the communication;

(4) For a printed communication, an electronic or paper copy of the communication as it was distributed to the public;

(5) For a broadcast or Internet communication, an audio, video, or source file of the communication as it was distributed to the public, except that if a source file is not available for an audio communication then a script will be accepted; and

(6) Such other similar information as the Board may require.

(2) Member/Stockholder exemption. Routine newsletters or periodicals; telephone calls; hand-delivered printed materials prominently marked with the words "for name of entity members/stockholders only"; and communications relating to the internal deliberations of an entity's endorsements shall not be required to be reported, provided that the communication is directed solely to and intended to reach only the entity's own members or stockholders. This exemption does not apply to party committees, constituted committees, political clubs, or other entities organized primarily for the purpose of influencing elections.

(c) Expenditures.

(1) When a covered communication has been reported, each covered expenditure of $100 or more associated with that communication must be reported. If the communication refers to more than one candidate or ballot proposal, only those expenditures for candidates or ballot proposals that have met the $1,000 threshold need be reported. Each expenditure shall be disclosed in the reporting period in which the expenditure is incurred, except that no expenditure is required to be disclosed prior to the reporting of its associated communication. For each expenditure, the independent spender shall provide:

  • The names of the candidates or ballot proposals referred to by the associated communication;

  • The name of the vendor;

  • The date, amount, and purpose;

  • The names of the individuals or entities paying for the expenditure, if not the independent spender;

  • An invoice detailing the expenditure, when it becomes available; and

  • Such other similar information as the Board may require.

(2) Valuation. All expenditures shall be reported at their fair market value. If it is not practicable to obtain an invoice, the independent spender shall use a reasonable estimate of fair market value and shall provide a written record supporting the estimate.

(3) Apportionment. For reporting purposes, an expenditure associated with a communication that refers to more than one candidate or ballot proposal shall be apportioned among the candidates or ballot proposals based on the following factors:

(i) The focus of the communication;

(ii) The geographic distribution or location of the communication;

(iii) The subject matter of the communication;

(iv) The relative prominence of references to and/or the appearance of a candidate or ballot proposal in the communication, including the size and location of references to the candidate or ballot proposal and any photographs of the candidate;

(v) The timing of the communication; and

(vi) Other circumstances surrounding the communication.

(d) Contributions.

(1) When an independent spender that is an entity makes covered expenditures of $100 or more aggregating $5,000 or more in the twelve months preceding the election for communications that refer to any single candidate, it is required to report:

(i) All contributions accepted from other entities since the first day of the calendar year preceding the year of the covered election; and

(ii) All contributions aggregating $1,000 or more accepted from an individual during the 12 months preceding the election.

(2) Each contribution shall be disclosed in the reporting period in which it was received. For each contribution, the independent spender shall provide:

(i) For each contribution accepted from another entity, the entity’s name, address, and type of organization and the names of the entity’s principal owners, partners, board members and officers, or their equivalents, or, if no natural persons exist in any such role, the name of at least one natural person who exercises control over the activities of such entity;

(ii) For each entity from which contributions aggregating $50,000 or more have been accepted in the 12 months preceding the election (the “major contributor”), (A) the name, address, and type of each entity that contributed $25,000 or more to the major contributor in the 12 months preceding the election; and (B) the name, residential address, occupation, and employer of each individual who contributed $25,000 or more to the major contributor in the 12 months preceding the election;

(iii) For each contribution accepted from an individual, the individual’s name, residential address, occupation, and employer;

(iv) The date of receipt and amount of each such contribution accepted by the independent spender or the major contributor; and

(v) Such other similar information as the Board may require.

(3) Exemption for earmarked contributions. Contributions to independent spenders or major contributors that are earmarked for an election that is not a covered election, or for an explicitly stated non-electoral purpose, are not required to be reported; provided, however that records of such contributions to independent spenders must be maintained and may be requested by the Board to verify their qualification for this exemption.

(e) Verification.

Each independent spender filing a disclosure statement shall verify that each reported expenditure referring to a candidate was not authorized, requested, suggested, fostered, or cooperated in by such candidate, an agent of such candidate, an opponent of such candidate, or an agent of such opponent. The independent spender shall verify that the disclosure statement is true and complete to the best of the filer's knowledge, information, and belief. The disclosure statement shall contain such signatures or notarizations as may be required by the Board.

(f) Format.

All disclosure statements shall be submitted electronically as specified by the Board. Supporting documents shall be submitted electronically, by hand, or by common carrier.