16-952

16-952. Equal funding of candidates

(Caution: 1998 Prop. 105 applies)

A. Whenever during a primary election period a report is filed, or other
information comes to the attention of the commission, indicating that a nonparticipating
candidate who is not unopposed in that primary has made expenditures during the election
cycle to date exceeding the original primary election spending limit, including any
previous adjustments, the commission shall immediately pay from the fund to the campaign
account of any participating candidate in the same party primary as the nonparticipating
candidate an amount equal to any excess of the reported amount over the primary election
spending limit as previously adjusted, less six per cent for a nonparticipating
candidate's fund-raising expenses and less the amount of early contributions raised for
that participating candidate for that office as prescribed by section 16-945. The primary
election spending limit for all such participating candidates shall be adjusted by
increasing it by the amount that the commission is obligated to pay to a participating
candidate.

B. Whenever during a general election period a report has been filed, or other
information comes to the attention of the commission, indicating that the amount a
nonparticipating candidate who is not unopposed has received in contributions during the
election cycle to date less the amount of expenditures the nonparticipating candidate
made through the end of the primary election period exceeds the original general election
spending limit, including any previous adjustments, the commission shall immediately pay
from the fund to the campaign account of any participating candidate qualified for the
ballot and seeking the same office as the nonparticipating candidate an amount equal to
any excess of the reported difference over the general election spending limit, as
previously adjusted, less six per cent for a nonparticipating candidate's fund-raising
expenses. The general election spending limit for all such participating candidates shall
be adjusted by increasing it by the amount that the commission is obligated to pay to a
participating candidate.

C. For the purposes of subsections A and B of this section, the following
expenditures reported pursuant to this article shall be treated as follows:

1. Independent expenditures against a participating candidate shall be treated as
expenditures of each opposing candidate, for the purpose of subsection A of this section,
or contributions to each opposing candidate, for the purpose of subsection B of this
section.

2. Independent expenditures in favor of one or more nonparticipating opponents of a
participating candidate shall be treated as expenditures of those nonparticipating
candidates, for the purpose of subsection A of this section, or contributions to those
nonparticipating candidates, for the purpose of subsection B of this section.

3. Independent expenditures in favor of a participating candidate shall be treated,
for every opposing participating candidate, as though the independent expenditures were
an expenditure of a nonparticipating opponent, for the purpose of subsection A of this
section, or a contribution to a nonparticipating opponent, for the purpose of subsection
B of this section.

4. Expenditures made during the primary election period by or on behalf of an
independent candidate or a nonparticipating candidate who is unopposed in a party primary
shall be deducted from the total amount of monies raised for purposes of determining the
amount of equalizing funds, up to the amount of primary funds received by the
participating candidate. Equalizing funds pursuant to subsection B of this section shall
then be calculated and paid at the start of the general election period.

5. Expenditures made before the general election period that consist of a contract,
promise or agreement to make an expenditure during the general election period resulting
in an extension of credit shall be treated as though made during the general election
period, and equalizing funds pursuant to subsection B of this section shall be paid at
the start of the general election period.

6. Expenditures for or against a participating candidate promoting or opposing more
than one candidate who is not running for the same office shall be allocated by the
commission among candidates for different offices based on the relative size or length
and relative prominence of the reference to candidates for different offices.

D. Upon applying for citizen funding pursuant to section 16-950, a participating
candidate for the legislature in a one-party-dominant legislative district who is
qualified for clean campaign funding for the party primary election of the dominant party
may choose to reallocate a portion of funds from the general election period to the
primary election period. At the beginning of the primary election period, the commission
shall pay from the fund to the campaign account of a participating candidate who makes
this choice an extra amount equal to fifty per cent of the original primary election
spending limit, and the original primary election spending limit for the candidate who
makes this choice shall be increased by the extra amount. For a primary election in
which one or more participating candidates have made this choice, funds shall be paid
under subsections A and B of this section only to the extent of any excess over the
original primary election spending limit as so increased. If a participating candidate
who makes this choice becomes qualified for clean campaign funding for the general
election, the amount the candidate receives at the beginning of the general election
period shall be reduced by the extra amount received at the beginning of the primary
election period, and the original general election spending limit for that candidate
shall be reduced by the extra amount. For a general election in which a participating
candidate has made this choice, funds shall be paid under subsections A and B of this
section only to the extent of any excess over the original general election spending
limit, without such reduction, unless the candidate who has made this choice is the only
participating candidate in the general election, in which case such funds shall be paid
to the extent of excess over the original general election spending limit with such
reduction. For the purpose of this subsection, a one-party-dominant legislative district
is a district in which the number of registered voters registered in the party with the
highest number of registered voters exceeds the number of registered voters registered to
each of the other parties by an amount at least as high as ten per cent of the total
number of voters registered in the district. The status of a district as a
one-party-dominant legislative district shall be determined as of the beginning of the
qualifying period.

E. If an adjusted spending limit reaches three times the original spending limit
for a particular election, the commission shall not pay any further amounts from the fund
to the campaign account of any participating candidate, and the spending limit shall not
be adjusted further.