16-917. Independent expenditures; in-kind
contribution; civil penalty
A. A political committee that makes independent expenditures for literature or an
advertisement relating to any one candidate or office within ten days before the day of
any election to which the expenditures relate, shall send by certified mail a copy of the
campaign literature or advertisement to each candidate named or otherwise referred to in
the literature or advertisement twenty-four hours after depositing it at the post office
for mailing, twenty-four hours after submitting it to a telecommunications system for
broadcast or twenty-four hours after submitting it to a newspaper for printing.
B. The copy of the literature or advertisement sent to a candidate pursuant to
subsection A of this section shall be a reproduction that is clearly readable, viewable
or audible.
C. An expenditure by a political committee or a person that does not meet the
definition of an independent expenditure is an in-kind contribution to the candidate and
a corresponding expenditure by the candidate unless otherwise exempted.
D. A person who violates this section is subject to a civil penalty of three times
the cost of the literature or advertisement that was distributed in violation of this
section. This civil penalty shall be imposed as prescribed in section 16-924.
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