16-905

16-905. Contribution limitations; civil
penalty; complaint

A. For an election other than for a statewide office, a contributor shall not give
and an exploratory committee, a candidate or a candidate's campaign committee shall not
accept contributions of more than:

1. For an election for a legislative office, four hundred eighty-eight dollars from
an individual.

2. For an election other than for a legislative office, three hundred ninety
dollars from an individual.

3. For an election for a legislative office, four hundred eighty-eight dollars from
a single political committee, excluding a political party, not certified under subsection
G of this section to make contributions at the higher limits prescribed by paragraph 5 of
this subsection and subsection B, paragraph 3 of this section.

4. For an election other than for a legislative office, three hundred ninety
dollars from a single political committee, excluding a political party, not certified
under subsection G of this section to make contributions at the higher limits prescribed
by subsection B, paragraph 3 of this section.

5. Two thousand dollars from a single political committee, excluding a political
party, certified pursuant to subsection G of this section.

B. For an election for a statewide office, a contributor shall not give and an
exploratory committee, a candidate or a candidate's committee shall not accept
contributions of more than:

1. One thousand ten dollars from an individual.

2. One thousand ten dollars from a single political committee, excluding a
political party, not certified under subsection G of this section to make contributions
at the higher limits prescribed by subsection A, paragraph 5 of this section and
paragraph 3 of this subsection.

3. Five thousand ten dollars from a single political committee excluding political
parties certified pursuant to subsection G of this section.

C. A candidate shall not accept contributions from all political committees,
excluding political parties, combined totaling more than:

1. For an election for a legislative office, sixteen thousand one hundred fifty
dollars.

2. For an office other than a legislative office or a statewide office, ten
thousand twenty dollars.

3. For a statewide office, one hundred thousand one hundred ten dollars.

D. A nominee of a political party shall not accept contributions from all political
parties or political organizations combined totaling more than ten thousand twenty
dollars for an election for an office other than a statewide office, and one hundred
thousand one hundred ten dollars for an election for a statewide office.

E. An individual shall not make contributions totaling more than five thousand six
hundred ten dollars in a calendar year to state and local candidates and political
committees contributing to state or local candidates. Contributions to political parties
and contributions to independent expenditure committees are exempt from the limitations
of this subsection.

F. A candidate's campaign committee or an individual's exploratory committee shall
not make a loan and shall not transfer or contribute money to any other campaign or
exploratory committee that is designated pursuant to this chapter or 2 United States Code
section 431 except as follows:

1. An exploratory committee may transfer monies to a subsequent candidate's
campaign committee of the individual designating the exploratory committee, subject to
the limits of subsection B of this section.

2. A candidate's campaign committee may transfer or contribute monies to another
campaign committee designated by the same candidate as follows:

(a) Subject to the contribution limits of this section, transfer or contribute
monies from one committee to another if both committees have been designated for an
election in the same year.

(b) Without application of the contribution limits of this section, transfer or
contribute monies from one committee to another designated for an election in a
subsequent year.

G. Only political committees that received monies from five hundred or more
individuals in amounts of ten dollars or more in the one year period immediately before
application to the secretary of state for qualification as a political committee pursuant
to this section may make contributions to candidates under subsection A, paragraph 5 of
this section and subsection B, paragraph 3 of this section. The secretary of state shall
obtain information necessary to make the determination that a committee meets the
requirements of this subsection and shall provide written certification of the fact to
the committee. A political committee certification is valid for two years. A candidate's
campaign committee shall not accept a contribution pursuant to this subsection unless it
is accompanied by a copy of the certification. All political committees that do not meet
the requirements of this subsection are subject to the individual campaign contribution
limits of subsection A, paragraphs 1 and 2 of this section and subsection B, paragraph 1
of this section.

H. The secretary of state biennially shall adjust to the nearest ten dollars the
amounts in subsections A through E of this section by the percentage change in the
consumer price index and publish the new amounts for distribution to election officials,
candidates and campaign committees. For the purposes of this subsection, "consumer price
index" means the consumer price index for all urban consumers, United States city
average, that is published by the United States department of labor, bureau of labor
statistics.

I. The following specific limitations and procedures apply:

1. The limits of subsections A through E of this section apply to each election for
any office or offices which the candidate seeks.

2. The limits of subsections A, B and C of this section apply to the total
contributions from all separate segregated funds established, as provided in section
16-920, by a corporation, labor organization, trade association, cooperative or
corporation without capital stock.

3. A contribution by an unemancipated minor child shall be treated as a
contribution by the child's custodial parent or parents for determining compliance with
subsection A, paragraphs 1 and 2, subsection B, paragraph 1 and subsection E of this
section.

4. A contribution by an individual or a single political committee to two or more
candidates in connection with a joint fund-raising effort shall be divided among the
candidates in direct proportion to each candidate campaign committee's share of the
expenses for the fund-raising effort.

5. A candidate shall sign and file with the candidate's nomination paper a
statement that the candidate has read all applicable laws relating to campaign financing
and reporting.

6. An individual or political committee shall not use economic influence to induce
members of an organization to make contributions to a candidate, collect contributions
from members of an organization for transmittal to a candidate, make payments to
candidates for public appearances or services which are ordinarily uncompensated or use
any similar device to circumvent any of the limitations of this section.

J. 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 have been received, expended or
promised in violation of this section.

K. Any qualified elector may file a sworn complaint with the attorney general or
the county attorney of the county in which a violation of this section is believed to
have occurred, and the attorney general or the county attorney shall investigate the
complaint for possible action.

L. If the filing officer, attorney general or county attorney fails to institute an
action within forty-five working days after receiving a complaint under subsection K of
this section, the individual filing the complaint may bring a civil action in the
individual's own name and at the individual's own expense, with the same effect as if
brought by the filing officer, attorney general or county attorney. The individual shall
execute a bond payable to the defendant if the individual fails to prosecute the action
successfully. The court shall award to the prevailing party costs and reasonable
attorney fees.

M. If a provision of this section or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of the
section which can be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.

N. The use of a candidate's personal monies, or the use of personal monies by an
individual who designates an exploratory committee, is not subject to the limitations of
this section.