16-941

16-941. Limits on spending and contributions
for political campaigns

(Caution: 1998 Prop. 105 applies)

A. Notwithstanding any law to the contrary, a participating candidate:

1. Shall not accept any contributions, other than a limited number of five-dollar
qualifying contributions as specified in section 16-946 and early contributions as
specified in section 16-945, except in the emergency situation specified in section
16-954, subsection F.

2. Shall not make expenditures of more than a total of five hundred dollars of the
candidate's personal monies for a candidate for the legislature or more than one thousand
dollars for a candidate for statewide office.

3. Shall not make expenditures in the primary election period in excess of the
adjusted primary election spending limit.

4. Shall not make expenditures in the general election period in excess of the
adjusted general election spending limit.

5. Shall comply with section 16-948 regarding campaign accounts and section 16-953
regarding returning unused monies to the citizens clean elections fund described in this
article.

B. Notwithstanding any law to the contrary, a nonparticipating candidate:

1. Shall not accept contributions in excess of an amount that is twenty per cent
less than the limits specified in section 16-905, subsections A through E, as adjusted by
the secretary of state pursuant to section 16-905, subsection H. Any violation of this
paragraph shall be subject to the civil penalties and procedures set forth in section
16-905, subsections J through M and section 16-924.

2. Shall comply with section 16-958 regarding reporting, including filing reports
with the secretary of state indicating whenever (a) expenditures other than independent
expenditures on behalf of the candidate, from the beginning of the election cycle to any
date up to primary election day, exceed seventy per cent of the original primary election
spending limit applicable to a participating candidate seeking the same office, or (b)
contributions to a candidate, from the beginning of the election cycle to any date during
the general election period, less expenditures made from the beginning of the election
cycle through primary election day, exceed seventy per cent of the original general
election spending limit applicable to a participating candidate seeking the same office.
A nonparticipating candidate is exempt from this paragraph if there is no participating
candidate running against that nonparticipating candidate.

C. Notwithstanding any law to the contrary, a candidate, whether participating or
nonparticipating:

1. If specified in a written agreement signed by the candidate and one or more
opposing candidates and filed with the citizens clean elections commission, shall not
make any expenditure in the primary or general election period exceeding an agreed-upon
amount lower than spending limits otherwise applicable by statute.

2. Shall continue to be bound by all other applicable election and campaign finance
statutes and rules, with the exception of those provisions in express or clear conflict
with this article.

D. Notwithstanding any law to the contrary, any person who makes independent
expenditures related to a particular office cumulatively exceeding five hundred dollars
in an election cycle, with the exception of any expenditure listed in section 16-920 and
any independent expenditure by an organization arising from a communication directly to
the organization's members, shareholders, employees, affiliated persons and subscribers,
shall file reports with the secretary of state in accordance with section 16-958 so
indicating, identifying the office and the candidate or group of candidates whose
election or defeat is being advocated and stating whether the person is advocating
election or advocating defeat.