16-972. Campaign media spending; transfer records; written notice; donor opt-out; disclosure of previous records

(Caution:  1998 Prop. 105 applies)

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.