16-904

16-904. Treasurer; duties; records; civil
penalty

A. No expenditure may be made for or on behalf of a political committee without the
authorization of the treasurer or the treasurer's designated agent.

B. The treasurer shall maintain a record of all petty cash disbursements pursuant
to subsection E, paragraph 4 of this section.

C. All receipts received by a political committee shall be deposited in an account
designated pursuant to section 16-902, subsection C. All monies of a political committee
shall be segregated from, and may not be commingled with, the monies of any individual
other than contributions by an individual.

D. A political committee shall exercise its best efforts to obtain the required
information for any incomplete contribution received that is required to be itemized on a
campaign finance report pursuant to section 16-915, subsection A, paragraph 3. A
political committee will not be deemed to have exercised best efforts to obtain the
required information unless the treasurer or the treasurer's agent has made at least one
effort after the receipt of the contribution to obtain the missing information by a
written request sent to the contributor or by oral contact with the contributor
documented in writing and shall comply with the following:

1. The request must clearly ask for the missing information and inform the
contributor that the committee is required by law to obtain the mailing address,
occupation and employer of each individual contributor and the mailing address and
identification number of each political committee contributor.

2. Any information required for the identification of a contributor received by the
political committee after the contribution has been disclosed on a campaign finance
report required pursuant to section 16-913 shall be reported on an amended report.

E. The treasurer of a political committee is the custodian of the committee's books
and accounts and shall keep an account of all of the following:

1. All contributions or other monies received by or on behalf of the political
committee.

2. The identification of any individual or political committee that makes any
contribution together with the date and amount of each contribution and the date of
deposit into a designated account.

3. Cumulative totals contributed by each individual or political committee.

4. The name and address of every person to whom any expenditure is made, the date,
amount and purpose or reason for the expenditure and, except in the case of an
expenditure by a candidate's campaign committee, the name of the candidate and the office
sought by the candidate if the expenditure was made on behalf of or in opposition to a
candidate.

5. All periodic or other statements for each account designated pursuant to section
16-902, subsection C.

F. For any committee that has filed a five hundred dollar threshold exemption
statement:

1. The committee and treasurer shall maintain a record of all contributions
received and expenditures made by the committee. If the committee exceeds the five
hundred dollar limit, the committee shall amend its statement of organization, file a
report of its contributions and expenditures pursuant to section 16-913 and comply with
all reporting requirements.

2. For a committee that does not exceed its five hundred dollar threshold, the
committee terminates at the end of the election cycle for which it was formed, shall file
a termination statement as prescribed by section 16-914 and shall dispose of any surplus
monies as otherwise provided by law.

3. A committee that fails to file its termination statement pursuant to paragraph 2
of this subsection is terminated by operation of law ninety days after the end of the
election cycle for which it was formed and shall pay a civil penalty of one hundred
dollars.

G. Unless specified by the contributor or contributors to the contrary, the
treasurer shall record a contribution made by check, money order or other written
instrument as a contribution by the person whose signature or name appears on the bottom
of the instrument or who endorses the instrument before delivery to the committee. If a
contribution is made by more than one person in a single written instrument, the
treasurer shall record the amount to be attributed to each contributor as specified.

H. All contributions other than in-kind contributions must be made by a check drawn
on the account of the actual contributor or by a money order or a cashier's check
containing the name of the actual contributor or must be evidenced by a written receipt
with a copy of the receipt given to the contributor and a copy maintained in the
contribution records of the recipient.

I. The treasurer shall preserve all records required to be kept by this section and
copies of all finance reports required to be filed by this article for three years after
the filing of the finance report covering the receipts and disbursements evidenced by the
records.

J. On request of the attorney general, the county, city or town attorney or the
filing officer, the treasurer shall provide any of the records required to be kept
pursuant to this section.

K. A person who violates this section is subject to a civil penalty imposed as
prescribed in section 16-924 of three times the amount of money that has been received,
expended or promised in violation of this section or three times the value in money for
an equivalent of money or other things of value that has been received, expended or
promised in violation of this section.