A. 3192 2
S 18-102. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
1. "CAMPAIGN CONSULTANT" MEANS ANY PERSON OR ENTITY THAT RECEIVES OR
IS PROMISED ECONOMIC CONSIDERATION EQUALING ONE THOUSAND DOLLARS OR MORE
IN A CALENDAR YEAR FOR CAMPAIGN CONSULTING SERVICES. THE TERM "CAMPAIGN
CONSULTANT" INCLUDES ANY PERSON OR ENTITY THAT SUBCONTRACTS WITH A
CAMPAIGN CONSULTANT TO PROVIDE CAMPAIGN CONSULTING SERVICES, AND THAT
RECEIVES OR IS PROMISED ECONOMIC CONSIDERATION EQUALING ONE THOUSAND
DOLLARS OR MORE IN A CALENDAR YEAR FOR PROVIDING CAMPAIGN CONSULTING
SERVICES. THE TERM "CAMPAIGN CONSULTANT" DOES NOT INCLUDE PERSONS WHO
ARE EMPLOYEES OF A CAMPAIGN CONSULTANT, ATTORNEYS WHO PROVIDE ONLY LEGAL
SERVICES, ACCOUNTANTS WHO PROVIDE ONLY ACCOUNTING SERVICES, POLLSTERS
WHO PROVIDE ONLY POLLING SERVICES, AND TREASURERS WHO PROVIDE ONLY THOSE
SERVICES WHICH ARE REQUIRED OF TREASURERS.
2. "CAMPAIGN CONSULTING SERVICES" MEANS PARTICIPATING IN CAMPAIGN
MANAGEMENT OR DEVELOPING OR PARTICIPATING IN THE DEVELOPMENT OF CAMPAIGN
STRATEGY.
3. "CAMPAIGN MANAGEMENT" MEANS CONDUCTING, COORDINATING OR SUPERVISING
A CAMPAIGN TO ELECT, DEFEAT, RETAIN OR RECALL A CANDIDATE, OR ADOPT OR
DEFEAT A MEASURE, INCLUDING BUT NOT LIMITED TO HIRING OR AUTHORIZING THE
HIRING OF CAMPAIGN STAFF AND CONSULTANTS, SPENDING OR AUTHORIZING THE
EXPENDITURE OF CAMPAIGN FUNDS, DIRECTING, SUPERVISING OR CONDUCTING THE
SOLICITATION OF CONTRIBUTIONS TO THE CAMPAIGN, AND SELECTING OR RECOM-
MENDING VENDORS OR SUBVENDORS OF GOODS OR SERVICES FOR THE CAMPAIGN.
4. "CAMPAIGN STRATEGY" MEANS PLANS FOR THE ELECTION, DEFEAT, RETENTION
OR RECALL OF A CANDIDATE, OR FOR THE ADOPTION OR DEFEAT OF A MEASURE,
INCLUDING BUT NOT LIMITED TO PRODUCING OR AUTHORIZING THE PRODUCTION OF
CAMPAIGN LITERATURE AND PRINT AND BROADCAST ADVERTISING, SEEKING
ENDORSEMENTS OF ORGANIZATIONS OR INDIVIDUALS, SEEKING FINANCING, OR
ADVISING ON PUBLIC POLICY POSITIONS.
5. "CANDIDATE" MEANS A PERSON WHO HAS TAKEN AFFIRMATIVE ACTION TO SEEK
NOMINATION OR ELECTION TO AN ELECTIVE OFFICE, OR A CURRENT ELECTED OFFI-
CIAL WHO HAS TAKEN AFFIRMATIVE ACTION TO SEEK NOMINATION OR REELECTION
TO ANY ELECTIVE OFFICE.
6. "ECONOMIC CONSIDERATION" MEANS ANY PAYMENTS, FEES, COMMISSIONS,
REIMBURSEMENTS FOR EXPENSES, GIFTS, OR ANYTHING ELSE OF VALUE.
7. "LOBBY" OR "LOBBYING" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
8. "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
9. "MEASURE" MEANS A LOCAL REFERENDUM OR LOCAL BALLOT MEASURE, WHETHER
OR NOT IT QUALIFIES FOR THE BALLOT.
10. "VENDOR" MEANS A PERSON OR ENTITY WHO SELLS GOODS OR SERVICES,
OTHER THAN CAMPAIGN CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO
PRINTING, CATERING, AND TRANSPORTATION SERVICES. THE TERM "VENDOR" DOES
NOT INCLUDE ATTORNEYS WHO PROVIDE ONLY LEGAL SERVICES, ACCOUNTANTS WHO
PROVIDE ONLY ACCOUNTING SERVICES, POLLSTERS WHO PROVIDE ONLY POLLING
SERVICES, AND TREASURERS WHO PROVIDE ONLY THOSE SERVICES WHICH ARE
REQUIRED OF TREASURERS.
S 18-104. PROHIBITIONS. IT SHALL BE UNLAWFUL FOR ANY CAMPAIGN CONSULT-
ANT TO PROVIDE CAMPAIGN CONSULTING SERVICES, OR ACCEPT ANY ECONOMIC
CONSIDERATION FOR THE PROVISION OF CAMPAIGN CONSULTING SERVICES, WITHOUT
FIRST REGISTERING WITH THE ETHICS COMMISSION AND COMPLYING WITH THE
REPORTING REQUIREMENTS SPECIFIED IN SECTION 18-106 OF THIS ARTICLE.
S 18-106. REGISTRATION, REREGISTRATION, REPORTING, AND FEES. 1.
REGISTRATION REPORTS. AT THE TIME OF INITIAL REGISTRATION, EACH CAMPAIGN
A. 3192 3
CONSULTANT SHALL REPORT TO THE ETHICS COMMISSION THE FOLLOWING INFORMA-
TION:
(A) THE NAME, BUSINESS ADDRESS AND BUSINESS PHONE NUMBER OF THE
CAMPAIGN CONSULTANT;
(B) IF THE CAMPAIGN CONSULTANT IS AN INDIVIDUAL, THE NAME OF THE
CAMPAIGN CONSULTANT'S EMPLOYER AND A DESCRIPTION OF THE BUSINESS ACTIV-
ITY ENGAGED IN BY THE EMPLOYER;
(C) THE NAMES OF ANY INDIVIDUALS EMPLOYED BY THE CAMPAIGN CONSULTANT
TO ASSIST IN PROVIDING CAMPAIGN CONSULTING SERVICES;
(D) A STATEMENT OF WHETHER THE CAMPAIGN CONSULTANT IS REQUIRED TO
REGISTER WITH THE ETHICS COMMISSION PURSUANT TO THE LOBBYING ACT ESTAB-
LISHED BY ARTICLE ONE-A OF THE LEGISLATIVE LAW;
(E) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH CLIENT TO WHOM THE
CAMPAIGN CONSULTANT PROVIDED CAMPAIGN CONSULTING SERVICES DURING THE
PRECEDING THREE MONTHS;
(F) FOR EACH CLIENT, THE TOTAL ECONOMIC CONSIDERATION PROMISED BY OR
RECEIVED FROM THE CLIENT IN EXCHANGE FOR THE PROVISION OF CAMPAIGN
CONSULTING SERVICES DURING THE PRECEDING THREE MONTHS, PROVIDED THAT THE
TOTAL IS FIVE HUNDRED DOLLARS OR MORE;
(G) EACH POLITICAL CONTRIBUTION OF ONE HUNDRED DOLLARS OR MORE MADE OR
DELIVERED BY THE CAMPAIGN CONSULTANT, OR MADE BY A CLIENT AT THE BEHEST
OF THE CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN CONSULTANT ACTED
AS AN AGENT OR INTERMEDIARY, DURING THE PRECEDING THREE MONTHS IN
SUPPORT OF OR IN OPPOSITION TO A CANDIDATE OR MEASURE;
(H) THE CUMULATIVE TOTAL OF ALL POLITICAL CONTRIBUTIONS MADE OR DELIV-
ERED BY THE CAMPAIGN CONSULTANT, OR WHICH IS MADE BY A CLIENT AT THE
BEHEST OF THE CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN CONSULTANT
ACTED AS AN AGENT OR INTERMEDIARY, DURING THE PRECEDING THREE MONTHS IN
SUPPORT OF OR IN OPPOSITION TO EACH INDIVIDUAL CANDIDATE OR MEASURE,
PROVIDED THAT THE CUMULATIVE TOTAL IS FIVE HUNDRED DOLLARS OR MORE;
(I) ANY GIFTS PROMISED OR MADE BY THE CAMPAIGN CONSULTANT TO AN
ELECTED OFFICIAL DURING THE PRECEDING THREE MONTHS WHICH IN THE AGGRE-
GATE TOTAL FIFTY DOLLARS OR MORE; AND
(J) ANY OTHER INFORMATION REQUIRED BY THE ETHICS COMMISSION CONSISTENT
WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
2. REREGISTRATION REPORTS. EACH CAMPAIGN CONSULTANT SHALL REREGISTER
ANNUALLY ON JANUARY FIRST OR THE FIRST BUSINESS DAY OF THE YEAR OCCUR-
RING THEREAFTER. THE ETHICS COMMISSION MAY ALLOW FOR A CAMPAIGN CONSULT-
ANT TO REREGISTER BY MAIL, PROVIDED THAT THE REREGISTRATION MATERIALS
ARE POSTMARKED NO LATER THAN JANUARY FIRST.
3. FEES. AT THE TIME OF INITIAL REGISTRATION AND REREGISTRATION, EACH
CAMPAIGN CONSULTANT SHALL PAY TO THE ETHICS COMMISSION A REGISTRATION
FEE AND AN ADDITIONAL FEE FOR EACH CLIENT OF THE CAMPAIGN CONSULTANT.
THE AMOUNT OF THE FEE SHALL BE:
(A) CAMPAIGN CONSULTANTS EARNING AT LEAST ONE THOUSAND DOLLARS BUT NOT
MORE THAN FIVE THOUSAND DOLLARS PER CALENDAR YEAR SHALL PAY A REGISTRA-
TION FEE OF FIFTY DOLLARS AND SHALL PAY A CLIENT FEE OF FIFTY DOLLARS
PER CLIENT;
(B) CAMPAIGN CONSULTANTS EARNING MORE THAN FIVE THOUSAND DOLLARS BUT
NOT MORE THAN TWENTY THOUSAND DOLLARS PER CALENDAR YEAR SHALL PAY A
REGISTRATION FEE OF TWO HUNDRED DOLLARS AND A CLIENT FEE OF FIFTY
DOLLARS PER CLIENT;
(C) CAMPAIGN CONSULTANTS EARNING MORE THAN TWENTY THOUSAND DOLLARS PER
CALENDAR YEAR SHALL PAY A REGISTRATION FEE OF FOUR HUNDRED DOLLARS AND A
CLIENT FEE OF FIFTY DOLLARS PER CLIENT.
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WHEN A CLIENT IS ACQUIRED SUBSEQUENT TO INITIAL REGISTRATION OR REREG-
ISTRATION, THE PER CLIENT FEE SHALL BE PAID AT THE TIME OF FILING THE
INFORMATION REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. THE ETHICS
COMMISSION SHALL DEPOSIT FEES COLLECTED PURSUANT TO THIS SECTION INTO
THE GENERAL FUND.
4. CLIENT AUTHORIZATION STATEMENTS. AT THE TIME OF INITIAL REGISTRA-
TION, THE CAMPAIGN CONSULTANT SHALL SUBMIT TO THE ETHICS COMMISSION A
WRITTEN AUTHORIZATION FROM EACH CLIENT THAT CONTRACTS WITH THE CAMPAIGN
CONSULTANT FOR CAMPAIGN CONSULTING SERVICES. IF THE CAMPAIGN CONSULTANT
IS RETAINED BY A CLIENT AFTER THE DATE OF INITIAL REGISTRATION, THE
CAMPAIGN CONSULTANT MUST FILE A CLIENT AUTHORIZATION STATEMENT BEFORE
PROVIDING ANY CAMPAIGN CONSULTING SERVICES TO THE CLIENT AND BEFORE
RECEIVING ANY ECONOMIC CONSIDERATION FROM THE CLIENT IN EXCHANGE FOR
CAMPAIGN CONSULTING SERVICES, AND IN ANY EVENT NO LATER THAN FIFTEEN
DAYS AFTER BEING RETAINED TO PROVIDE CAMPAIGN CONSULTING SERVICES TO THE
CLIENT.
5. QUARTERLY REPORTS. EACH CAMPAIGN CONSULTANT SHALL FILE WITH THE
ETHICS COMMISSION QUARTERLY REPORTS CONTAINING THE FOLLOWING INFORMA-
TION:
(A) FOR EACH CLIENT, THE TOTAL ECONOMIC CONSIDERATION PROMISED BY OR
RECEIVED FROM THE CLIENT DURING THE REPORTING PERIOD FOR CAMPAIGN
CONSULTING SERVICES, PROVIDED THAT THE TOTAL IS FIVE HUNDRED DOLLARS OR
MORE;
(B) THE TOTAL ECONOMIC CONSIDERATION PROMISED BY OR RECEIVED FROM ALL
CLIENTS DURING THE REPORTING PERIOD FOR CAMPAIGN CONSULTING SERVICES;
(C) POLITICAL CONTRIBUTIONS OF ONE HUNDRED DOLLARS OR MORE MADE OR
DELIVERED BY THE CAMPAIGN CONSULTANT, OR MADE BY A CLIENT AT THE BEHEST
OF THE CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN CONSULTANT ACTED
AS AN AGENT OR INTERMEDIARY, DURING THE REPORTING PERIOD IN SUPPORT OF
OR IN OPPOSITION TO A CANDIDATE OR MEASURE.
S 18-108. POWERS AND DUTIES OF THE ETHICS COMMISSION. 1. THE ETHICS
COMMISSION SHALL PROVIDE FORMS FOR THE REPORTING OF ALL INFORMATION
REQUIRED BY THIS ARTICLE.
2. THE ETHICS COMMISSION SHALL ISSUE A REGISTRATION NUMBER TO EACH
REGISTERED CAMPAIGN CONSULTANT.
3. AT THE TIME OF INITIAL REGISTRATION AND REREGISTRATION, THE ETHICS
COMMISSION SHALL PROVIDE THE CAMPAIGN CONSULTANT WITH A COPY OF THE
STATE'S CAMPAIGN AND LOBBY LAWS, THE CODE OF CONDUCT SPECIFIED IN
SECTION 18-112 OF THIS ARTICLE, AND ANY RELATED MATERIAL WHICH THE
COMMISSION DETERMINES WILL SERVE THE PURPOSES OF THIS ARTICLE. EACH
CAMPAIGN CONSULTANT MUST SIGN A STATEMENT ACKNOWLEDGING RECEIPT OF THESE
MATERIALS.
4. THE ETHICS COMMISSION SHALL COMPILE THE INFORMATION PROVIDED IN
REGISTRATION AND QUARTERLY REPORTS FILED PURSUANT TO THIS ARTICLE AS
SOON AS PRACTICABLE AFTER THE CLOSE OF EACH QUARTER AND SHALL FORWARD A
REPORT OF THE COMPILED INFORMATION TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
5. THE ETHICS COMMISSION SHALL PRESERVE ALL ORIGINAL REPORTS, STATE-
MENTS, AND OTHER RECORDS REQUIRED TO BE KEPT OR FILED UNDER THIS ARTICLE
FOR A PERIOD OF FIVE YEARS. SUCH REPORTS, STATEMENTS, AND RECORDS SHALL
CONSTITUTE A PART OF THE PUBLIC RECORDS OF THE ETHICS COMMISSION AND
SHALL BE OPEN TO THE PUBLIC INSPECTION.
6. THE COMMISSION SHALL PROVIDE FORMAL AND INFORMAL ADVICE REGARDING
THE DUTIES UNDER THIS ARTICLE OF A PERSON OR ENTITY.
A. 3192 5
7. THE ETHICS COMMISSION SHALL HAVE THE POWER TO ADOPT ALL REASONABLE
AND NECESSARY RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THIS ARTI-
CLE PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
S 18-110. ADMINISTRATIVE AND CIVIL ENFORCEMENT; PENALTIES. 1. IF ANY
CAMPAIGN CONSULTANT FILES AN ORIGINAL STATEMENT OR REPORT AFTER ANY
DEADLINE IMPOSED BY THIS ARTICLE, THE ETHICS COMMISSION SHALL, IN ADDI-
TION TO ANY OTHER PENALTIES OR REMEDIES ESTABLISHED IN THIS ARTICLE,
FINE THE CAMPAIGN CONSULTANT FIFTY DOLLARS PER DAY AFTER THE DEADLINE
UNTIL THE STATEMENT OR REPORT IS RECEIVED BY THE ETHICS COMMISSION. IF
ANY CAMPAIGN CONSULTANT FILES AN ORIGINAL STATEMENT OR REPORT AFTER ANY
DEADLINE IMPOSED BY THIS ARTICLE, WHEN THE DEADLINE IS FEWER THAN THIRTY
DAYS BEFORE OR AFTER AN ELECTION, THE ETHICS COMMISSION SHALL, IN ADDI-
TION TO ANY OTHER PENALTIES OR REMEDIES ESTABLISHED IN THIS ARTICLE,
FINE THE CAMPAIGN CONSULTANT ONE HUNDRED DOLLARS PER DAY AFTER THE DEAD-
LINE UNTIL THE STATEMENT OR REPORT IS RECEIVED BY THE ETHICS COMMISSION.
THE ETHICS COMMISSION MAY REDUCE OR WAIVE A FINE IF THE COMMISSION
DETERMINES THAT THE LATE FILING WAS NOT WILLFUL AND THAT ENFORCEMENT
WILL NOT FURTHER THE PURPOSES OF THIS ARTICLE. THE ETHICS COMMISSION
SHALL DEPOSIT FUNDS COLLECTED UNDER THIS SECTION INTO THE GENERAL FUND.
2. ANY PERSON WHO BELIEVES THAT THIS ARTICLE HAS BEEN VIOLATED MAY
FILE A COMPLAINT WITH THE ETHICS COMMISSION. UPON RECEIPT OF A
COMPLAINT, OR UPON ITS OWN INITIATIVE, THE COMMISSION MAY INVESTIGATE
ALLEGATIONS OF A VIOLATION AND ENFORCE THE ADHERENCE TO SUCH PROVISIONS.
3. WHEN THE COMMISSION DETERMINES ON THE BASIS OF SUBSTANTIAL EVIDENCE
THAT A PERSON OR ENTITY HAS VIOLATED THE PROVISIONS OF THIS ARTICLE, THE
COMMISSION MAY REQUIRE THE PERSON OR ENTITY TO:
(A) CEASE AND DESIST THE VIOLATION;
(B) FILE ANY REPORTS OR STATEMENTS OR PAY ANY FEES REQUIRED BY THIS
ARTICLE; AND/OR
(C) PAY A MONETARY PENALTY OF UP TO FIVE THOUSAND DOLLARS FOR EACH
VIOLATION, OR THREE TIMES THE AMOUNT NOT PROPERLY REPORTED, WHICHEVER IS
GREATER. THE COMMISSION MAY, IN THEIR OWN DISCRETION, CANCEL FOR UP TO
ONE YEAR THE REGISTRATION OF ANY CAMPAIGN CONSULTANT WHO HAS VIOLATED
THE PROVISIONS OF THIS ARTICLE. A CAMPAIGN CONSULTANT WHOSE REGISTRATION
HAS BEEN CANCELED PURSUANT TO THIS SECTION MAY NOT PROVIDE CAMPAIGN
CONSULTING SERVICES IN EXCHANGE FOR ECONOMIC CONSIDERATION FOR THE PERI-
OD THAT THE REGISTRATION IS CANCELED. WHEN THE PERIOD OF CANCELLATION
ENDS, THE CAMPAIGN CONSULTANT MAY REREGISTER PURSUANT TO THIS ARTICLE.
4. ANY PERSON OR ENTITY WHICH KNOWINGLY OR NEGLIGENTLY VIOLATES OR WHO
CAUSES ANY OTHER PERSON TO VIOLATE THE PROVISIONS OF THIS ARTICLE MAY BE
LIABLE IN A CIVIL ACTION BROUGHT BY A DISTRICT ATTORNEY OR THE ATTORNEY
GENERAL FOR AN AMOUNT UP TO FIVE THOUSAND DOLLARS PER VIOLATION, OR
THREE TIMES THE AMOUNT NOT PROPERLY REPORTED, WHICHEVER IS GREATER.
5. ANY PERSON OR ENTITY WHICH INTENTIONALLY OR NEGLIGENTLY VIOLATES
THE PROVISIONS OF SECTION 18-104 OF THIS ARTICLE IS GUILTY OF A MISDE-
MEANOR.
6. NO ADMINISTRATIVE, CIVIL, OR CRIMINAL ACTION SHALL BE MAINTAINED TO
ENFORCE A VIOLATION OF SECTION 18-104 OF THIS ARTICLE UNLESS BROUGHT
WITHIN FOUR YEARS AFTER THE DATE THE CAUSE OF ACTION ACCRUED OR THE DATE
THAT THE FACTS CONSTITUTING THE CAUSE OF ACTION WERE DISCOVERED BY THE
ETHICS COMMISSION, DISTRICT ATTORNEY, OR ATTORNEY GENERAL, WHICHEVER IS
LATER.
7. IN INVESTIGATING ANY ALLEGED VIOLATION OF SECTION 18-104 OF THIS
ARTICLE, THE ETHICS COMMISSION, A DISTRICT ATTORNEY, AND THE ATTORNEY
GENERAL SHALL HAVE THE POWER TO INSPECT, UPON REASONABLE NOTICE, ALL
DOCUMENTS REQUIRED TO BE MAINTAINED UNDER SUCH SECTION. THIS POWER TO
A. 3192 6
INSPECT DOCUMENTS IS IN ADDITION TO OTHER POWERS CONFERRED ON THE ETHICS
COMMISSION, DISTRICT ATTORNEY, AND ATTORNEY GENERAL, INCLUDING THE POWER
OF SUBPOENA.
S 18-112. CODE OF CONDUCT. AT THE TIME OF INITIAL REGISTRATION AND
REREGISTRATION, EACH CAMPAIGN CONSULTANT MUST ELECT WHETHER TO VOLUNTAR-
ILY COMPLY WITH THE FOLLOWING CODE OF CONDUCT:
1. I AM FAMILIAR WITH ALL THE LAWS, RULES AND REGULATIONS APPLICABLE
TO LOCAL AND STATE CAMPAIGNS;
2. I WILL NOT KNOWINGLY MAKE FALSE STATEMENTS ABOUT THE QUALIFICATIONS
OR POSITIONS OF ANY CANDIDATE, OR ABOUT THE SCOPE AND EFFECT OF ANY
MEASURE;
3. I WILL NOT KNOWINGLY MAKE FALSE STATEMENTS THAT ANY REAL OR FICTI-
TIOUS PERSON SUPPORTS OR OPPOSES A CANDIDATE OR MEASURE;
4. IN THE EVENT THAT I MAKE INADVERTENT FALSE STATEMENTS ABOUT THE
QUALIFICATIONS OR POSITIONS OF ANY CANDIDATE OR ABOUT THE SCOPE AND
EFFECT OF ANY MEASURE, I WILL ENDEAVOR TO PROVIDE CORRECTED INFORMATION
IN WRITTEN FORM TO THE ETHICS COMMISSION WITHIN FIVE DAYS;
5. I WILL REFRAIN FROM APPEALING TO PREJUDICE IN THE CONDUCT OF A
CAMPAIGN, AND FROM CONDUCTING, MANAGING OR ADVISING A CAMPAIGN, WHICH
APPEALS TO PREJUDICE BASED ON RACE, GENDER, ETHNIC BACKGROUND, RELIGIOUS
AFFILIATION OR NONAFFILIATION, SEXUAL ORIENTATION, AGE, DISABILITY, OR
ECONOMIC STATUS;
6. I WILL REFRAIN FROM SEEKING TO OBTAIN THE SUPPORT OF OR OPPOSITION
TO ANY CANDIDATE OR MEASURE BY THE USE OF FINANCIAL INDUCEMENTS OR BY
THE USE OF THREATS OR COERCION;
7. I WILL REFRAIN FROM INFLUENCING THE SUBMISSION OF A MEASURE TO THE
VOTERS OF THIS STATE FOR THE SOLE PURPOSE OF OBTAINING ECONOMIC CONSID-
ERATION FOR CAMPAIGN CONSULTING SERVICES;
8. I WILL DISCLOSE THROUGH A FILING AT THE ETHICS COMMISSION ANY
AGREEMENTS THAT WOULD RESULT IN A CAMPAIGN CONSULTING CONTRACT RESULTING
FROM MY EFFORTS TO INFLUENCE THE SUBMISSION OF A MEASURE TO THE VOTERS
OF THE STATE AT THE TIME THAT I SEEK SUBMISSION OF ANY SUCH MEASURE;
9. I WILL REFRAIN FROM SEEKING TO EVADE, OR PARTICIPATING IN EFFORTS
OF OTHERS TO EVADE, THE LEGAL REQUIREMENTS IN LAWS PERTAINING TO POLI-
TICAL CAMPAIGNS;
10. I WILL NOT KNOWINGLY PARTICIPATE IN THE PREPARATION, DISSEM-
INATION, OR BROADCAST OF PAID POLITICAL ADVERTISING OR CAMPAIGN MATERI-
ALS THAT CONTAIN FALSE INFORMATION; AND
11. I WILL REFRAIN FROM ACCEPTING CLIENTS WHOSE INTERESTS ARE ADVERSE
TO EACH OTHER.
12. I WILL REFRAIN FROM SOLICITING FROM ANY CANDIDATE FOR WHICH I
HAVE PROVIDED CAMPAIGN CONSULTING SERVICES ANY CONTRACT, GRANT, REMUNER-
ATION OR OTHER EMOLUMENT OVER WHICH SUCH CANDIDATE HAS JURISDICTION,
CONSIDERATION OR INFLUENCE IN THE PUBLIC POSITION TO WHICH SUCH CANDI-
DATE WAS ELECTED.
S 18-114. SEVERABILITY. IF ANY SECTION, SUBSECTION, SUBDIVISION,
SENTENCE, CLAUSE, PHRASE OR PORTION OF THIS ARTICLE, OR THE APPLICATION
THEREOF TO ANY PERSON OR ENTITY IS FOR ANY REASON HELD TO BE INVALID OR
UNCONSTITUTIONAL BY THE DECISION OF ANY COURT OF COMPETENT JURISDICTION,
SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THIS ARTICLE OR ITS APPLICATION TO OTHER PERSONS, BUSINESS ENTITIES, OR
ORGANIZATIONS. THE LEGISLATURE HEREBY DECLARES THAT IT WOULD HAVE
ADOPTED THIS ARTICLE, AND EACH SECTION, SUBSECTION, SUBDIVISION,
SENTENCE, CLAUSE, PHRASE OR PORTION THEREOF, IRRESPECTIVE OF THE FACT
THAT ANY ONE OR MORE SECTIONS, SUBSECTIONS, SUBDIVISIONS, SENTENCES,
A. 3192 7
CLAUSES, PHRASES, OR PORTIONS, OR THE APPLICATION THEREOF TO ANY PERSON
OR ENTITY, TO BE DECLARED INVALID OR UNCONSTITUTIONAL.
S 18-116. ELECTRONIC FILING OF STATEMENTS AND REPORTS. 1. ELECTRONIC
FILING REQUIRED. WHENEVER CAMPAIGN CONSULTANTS ARE REQUIRED BY THIS
ARTICLE TO FILE AN ORIGINAL STATEMENT OR REPORT, THE ETHICS COMMISSION
MAY REQUIRE THE CONSULTANTS TO FILE AN ELECTRONIC COPY OF THE STATEMENT
OR REPORT. THE ELECTRONIC COPY SHALL BE DUE NO LATER THAN THE DEADLINE
IMPOSED BY THIS ARTICLE FOR FILING THE ORIGINAL STATEMENT OR REPORT.
2. POWERS AND DUTIES OF THE ETHICS COMMISSION. THE ETHICS COMMISSION
SHALL ADOPT REGULATIONS SPECIFYING THE ELECTRONIC FILING REQUIREMENTS
APPLICABLE TO CAMPAIGN CONSULTANTS. THE ETHICS COMMISSION SHALL ADOPT
THESE REGULATIONS NO FEWER THAN ONE HUNDRED TWENTY DAYS BEFORE THE ELEC-
TRONIC FILING REQUIREMENTS ARE EFFECTIVE. THE ETHICS COMMISSION SHALL
PRESCRIBE THE FORMAT FOR ELECTRONIC COPIES OF STATEMENTS AND REPORTS NO
FEWER THAN NINETY DAYS BEFORE THE STATEMENTS AND REPORTS ARE DUE TO BE
FILED.
3. PENALTIES. IF ANY CAMPAIGN CONSULTANT FILES AN ELECTRONIC COPY OF A
STATEMENT OR REPORT AFTER THE DEADLINE IMPOSED BY THIS SECTION, THE
ETHICS COMMISSION SHALL, IN ADDITION TO ANY OTHER PENALTIES OR REMEDIES
ESTABLISHED IN THIS ARTICLE, FINE THE CAMPAIGN CONSULTANT TEN DOLLARS
PER DAY AFTER THE DEADLINE UNTIL THE ELECTRONIC COPY IS RECEIVED BY THE
ETHICS COMMISSION. THE ETHICS COMMISSION MAY REDUCE OR WAIVE A FINE IF
THE COMMISSION DETERMINES THAT THE LATE FILING WAS NOT WILLFUL AND THAT
ENFORCEMENT WILL NOT FURTHER THE PURPOSES OF THIS ARTICLE. THE ETHICS
COMMISSION SHALL DEPOSIT FUNDS COLLECTED UNDER THIS SECTION IN THE
GENERAL FUND.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.