Campaign finance requirements for Arkansas ballot measures

From Ballotpedia

Jump to: navigation, search

Contents

Campaign finance requirements for Arkansas ballot measures are promulgated by the Arkansas Ethics Commission. The Arkansas Ethics Commission has primary enforcement over campaign finance laws. The Arkansas Secretary of State has jurisdiction over all technical matters not including campaign finance towards ballot measures. The Arkansas Attorney General has authority approving title names for ballot initiatives and over the wording of questions.

If someone wants to file a complaint alleging a violation of Arkansas Campaign Finance Law, the complaint must be directed to the Arkansas Ethics Commission. It is up to the Commission to determine if any policies are violated and to remedy any action.

General requirements

Ballot question committee

Under Arkansas law, a group that is involved in ballot initiatives are called Ballot Question Committees. This is defined by Arkansas law, any person, located within or outside Arkansas, who receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question. Or any person, other than an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question[1].

Legislative question committee

There is a separate committee designation for ballot questions in Arkansas that are referred by the legislature. These are called Legislative Question Committees. Under Arkansas law, a legislative question committee is any person, located within or outside Arkansas, who receives contributions for the purpose of expressly advocating the passage or defeat of any legislative question. Or any person, other than an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the passage or defeat of any legislative question[2].

A person other than an individual or an approved political action committee located within or outside Arkansas, also qualifies as a legislative question committee. This happens if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another legislative question committee and if the contribution or contributions exceed $10,000 in value[3].

Statement of organization

All ballot question or legislative question committees are required to file a Statement of Organization with the Arkansas Ethics Commission within five days of receiving contributions or making expenditures in excess of five hundred dollars.

Under Arkansas law, at minimum a Treasurer and a another person is on the executive organizing committee. There is no limit on how many can serve as long there is a treasurer[4].

Reporting types and deadlines

Reporting form

There is one basic type of reporting form for ballot question and legislative question committees.

Monthly reports

A Ballot Question or Legislative Question committee must issue their first campaign finance reports fifteen days following the month in which the five hundred dollar ($500) threshold is met under the Statement of Organization clause. All other reports must be filed monthly, no later than fifteen days after the end of each month until the election is held. If a month falls into a a pre-election report period, the monthly report must be carried over to the next reporting period[5].

Pre-Election report

The pre-election report covers the month that the election is held. This covers the first of the month till seven or ten days before the election. The report must be filed seven days prior to any election for ballot questions not referred by the legislature. Legislative referred ballot questions must file the report ten days before the election[6]..

Post-Election report

The post-election report covers all funding from the final seven days before the election to thirty days past the election. The reporting deadline is 30 days after the election[7].

Campaign contribution limits

Arkansas is one of a handful of states that imposes limits on campaign contributions for ballot measure groups. The individual contribution limit is $100 while the expenditure limit is $50. Also, there is a $50 limit on anonymous donations[8].

Advertising restrictions

There are no known campaign advertising restrictions under Arkansas law.

Terminating a committee

Under Arkansas law to terminate a committee, organizers must notify the Arkansas Ethics Commission in writing. When the request is received, then the statement of organization is terminated.

Any remaining funds on hand at the time of terminating a committee can used towards

  • Donating unused money to the Arkansas Treasurer to be used to the General Revenue Fund Account of the State Apportionment Fund
  • A recognized political party or a political party caucus of the Arkansas General Assembly, the Arkansas Senate, or the Arkansas House of Representatives.
  • A nonprofit organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code
  • Returning the money to the contributors to the ballot question committee or legislative question committee[9].

See also

External links

References

  1. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 600 (c)(1) (2) Arkansas Ethics Laws)
  2. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 600 (j)(1) Arkansas Ethics Laws)
  3. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 600 (j)(2) Arkansas Ethics Laws)
  4. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 606 (1)(2) Arkansas Ethics Laws)
  5. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 610 (a)(1) Arkansas Ethics Laws)
  6. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 610(2) Arkansas Ethics Laws)
  7. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 610(3) Arkansas Ethics Laws)
  8. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 601 (a)(b)(c) Arkansas Ethics Laws)
  9. ↑ "Arkansas Ethics Commission" Arkansas Campaign Finance Law(§ 611 Arkansas Ethics Laws)
v • d • e
Campaign finance for ballot measures
State regulations
Reporting agencies
Disciplinary agencies
Other
Retrieved from "http://ballotpedia.org/wiki/index.php/Campaign_finance_requirements_for_Arkansas_ballot_measures"
Personal tools