§ 17-25-5 Duties and powers of the boardof elections. – (a) The board of elections is authorized to perform any duties that arenecessary to implement the provisions of this chapter. Without limiting thegenerality of this provision, the board is authorized and empowered to:
(1) Develop forms for the making of the required reports tobe filed with the board of elections, which form shall contain a notice settingforth the times and dates when reports are required to be filed;
(2) Prepare and publish a manual for all candidates,political party committees, political action committees and ballot questionsadvocates prescribing the requirements of the law, including uniform methods ofbookkeeping and reporting and requirements as to the length of time that anyperson required to keep any records pursuant to the provisions of this chaptershall retain these records, or any class or category of records, or any otherdocuments;
(3) Adopt rules and regulations to carry out the purposes ofthis chapter;
(4) Prepare and make available for public inspection, throughthe office of the board of elections, summaries of all reports groupedaccording to candidates and political parties;
(ii) Make all campaign finance reports availableelectronically on the board of election's website no later than two (2)business days after the reports are received by the board of elections;
(iii) Take any steps that may be necessary or appropriate tomake all campaign finance reports available in an electronic searchable formaton the board of election's website no later than one business day after thereports are received by the board of elections commencing with the firstquarterly reporting period in 2010.
(5) Prepare and publish, prior to May 1 or as soon aspracticable thereafter of each year, an annual report to the general assembly;
(6) Ascertain whether candidates or political partycommittees, political action committees or ballot questions advocates, havefailed to file reports or have filed defective reports; and may for good causeshown extend the dates upon which reports are required to be filed;
(7) Conduct confidential investigations and/or closedhearings in accordance with this title relative to alleged violations of thischapter either on its own initiative or upon receipt of a verified writtencomplaint, which complaint shall, under pain and penalty of perjury, be basedupon actual knowledge and not merely on information and belief. Upon completionof its investigation and/or hearings, if the board has reason to believe that aviolation of this chapter has occurred or that a complainant has willfullysworn or affirmed falsely, the chairperson of the board of elections isauthorized to and shall issue to the person found to be in violation of thischapter a summons pursuant to § 12-7-11 to appear before the division ofthe district court where the person resides and shall be prosecuted by theattorney general. Any action taken by the board as a result of a writtenverified complaint shall, whenever possible, be completed no later than five(5) business days after its receipt, and if no violation is found to exist, allrecords and papers shall be kept confidential unless further legal proceedingsare instituted.
(ii) The confidentiality of an audit, investigation, hearing,and/or findings may be waived in writing only by the person or personscomplained of or audited. However, once an audit is complete and presented tothe board, the audit will be a matter of public record.
(8) Conduct compliance reviews and audits of campaignaccounts as necessary, and in a manner consistent with the provisions of thischapter.
(b) The board of elections shall take any steps that may benecessary or appropriate to furnish timely and adequate information, inappropriate printed summaries and in any other form that it may see fit, toevery candidate or prospective candidate for public office who becomes or islikely to become subject to the provisions of this chapter, and to everytreasurer duly designated under the provisions of this chapter, informing themof their actual or prospective obligations and responsibilities under thischapter.
(c) The board of elections is authorized, upon writtenrequest, to render written advisory opinions as to whether a given set of factsand circumstances set forth in the request would constitute a violation of anyof the provisions of this chapter, or whether a given set of facts andcircumstances set forth in the request would render any person subject to anyof the reporting requirements of this chapter; provided, that the requirementfor a written opinion may be voluntarily waived by the candidate or committee.
(2) Unless an extension of time is consented to by any personwho submits a written request for an advisory opinion, the board of electionsshall, whenever possible, render its written advisory opinion within five (5)business days of receipt of the request.
(d) For each quarterly report required to be filed, the boardshall send a postcard by regular mail to each person and entity required tofile a report, which will notify the person or entity that a report required tobe filed is due within fourteen (14) days.
(2) The failure to receive this notice shall not absolve theperson or entity of the reporting requirements contained in this chapter.
§ 17-25-5 Duties and powers of the boardof elections. – (a) The board of elections is authorized to perform any duties that arenecessary to implement the provisions of this chapter. Without limiting thegenerality of this provision, the board is authorized and empowered to:
(1) Develop forms for the making of the required reports tobe filed with the board of elections, which form shall contain a notice settingforth the times and dates when reports are required to be filed;
(2) Prepare and publish a manual for all candidates,political party committees, political action committees and ballot questionsadvocates prescribing the requirements of the law, including uniform methods ofbookkeeping and reporting and requirements as to the length of time that anyperson required to keep any records pursuant to the provisions of this chaptershall retain these records, or any class or category of records, or any otherdocuments;
(3) Adopt rules and regulations to carry out the purposes ofthis chapter;
(4) Prepare and make available for public inspection, throughthe office of the board of elections, summaries of all reports groupedaccording to candidates and political parties;
(ii) Make all campaign finance reports availableelectronically on the board of election's website no later than two (2)business days after the reports are received by the board of elections;
(iii) Take any steps that may be necessary or appropriate tomake all campaign finance reports available in an electronic searchable formaton the board of election's website no later than one business day after thereports are received by the board of elections commencing with the firstquarterly reporting period in 2010.
(5) Prepare and publish, prior to May 1 or as soon aspracticable thereafter of each year, an annual report to the general assembly;
(6) Ascertain whether candidates or political partycommittees, political action committees or ballot questions advocates, havefailed to file reports or have filed defective reports; and may for good causeshown extend the dates upon which reports are required to be filed;
(7) Conduct confidential investigations and/or closedhearings in accordance with this title relative to alleged violations of thischapter either on its own initiative or upon receipt of a verified writtencomplaint, which complaint shall, under pain and penalty of perjury, be basedupon actual knowledge and not merely on information and belief. Upon completionof its investigation and/or hearings, if the board has reason to believe that aviolation of this chapter has occurred or that a complainant has willfullysworn or affirmed falsely, the chairperson of the board of elections isauthorized to and shall issue to the person found to be in violation of thischapter a summons pursuant to § 12-7-11 to appear before the division ofthe district court where the person resides and shall be prosecuted by theattorney general. Any action taken by the board as a result of a writtenverified complaint shall, whenever possible, be completed no later than five(5) business days after its receipt, and if no violation is found to exist, allrecords and papers shall be kept confidential unless further legal proceedingsare instituted.
(ii) The confidentiality of an audit, investigation, hearing,and/or findings may be waived in writing only by the person or personscomplained of or audited. However, once an audit is complete and presented tothe board, the audit will be a matter of public record.
(8) Conduct compliance reviews and audits of campaignaccounts as necessary, and in a manner consistent with the provisions of thischapter.
(b) The board of elections shall take any steps that may benecessary or appropriate to furnish timely and adequate information, inappropriate printed summaries and in any other form that it may see fit, toevery candidate or prospective candidate for public office who becomes or islikely to become subject to the provisions of this chapter, and to everytreasurer duly designated under the provisions of this chapter, informing themof their actual or prospective obligations and responsibilities under thischapter.
(c) The board of elections is authorized, upon writtenrequest, to render written advisory opinions as to whether a given set of factsand circumstances set forth in the request would constitute a violation of anyof the provisions of this chapter, or whether a given set of facts andcircumstances set forth in the request would render any person subject to anyof the reporting requirements of this chapter; provided, that the requirementfor a written opinion may be voluntarily waived by the candidate or committee.
(2) Unless an extension of time is consented to by any personwho submits a written request for an advisory opinion, the board of electionsshall, whenever possible, render its written advisory opinion within five (5)business days of receipt of the request.
(d) For each quarterly report required to be filed, the boardshall send a postcard by regular mail to each person and entity required tofile a report, which will notify the person or entity that a report required tobe filed is due within fourteen (14) days.
(2) The failure to receive this notice shall not absolve theperson or entity of the reporting requirements contained in this chapter.
§ 17-25-5 Duties and powers of the boardof elections. – (a) The board of elections is authorized to perform any duties that arenecessary to implement the provisions of this chapter. Without limiting thegenerality of this provision, the board is authorized and empowered to:
(1) Develop forms for the making of the required reports tobe filed with the board of elections, which form shall contain a notice settingforth the times and dates when reports are required to be filed;
(2) Prepare and publish a manual for all candidates,political party committees, political action committees and ballot questionsadvocates prescribing the requirements of the law, including uniform methods ofbookkeeping and reporting and requirements as to the length of time that anyperson required to keep any records pursuant to the provisions of this chaptershall retain these records, or any class or category of records, or any otherdocuments;
(3) Adopt rules and regulations to carry out the purposes ofthis chapter;
(4) Prepare and make available for public inspection, throughthe office of the board of elections, summaries of all reports groupedaccording to candidates and political parties;
(ii) Make all campaign finance reports availableelectronically on the board of election's website no later than two (2)business days after the reports are received by the board of elections;
(iii) Take any steps that may be necessary or appropriate tomake all campaign finance reports available in an electronic searchable formaton the board of election's website no later than one business day after thereports are received by the board of elections commencing with the firstquarterly reporting period in 2010.
(5) Prepare and publish, prior to May 1 or as soon aspracticable thereafter of each year, an annual report to the general assembly;
(6) Ascertain whether candidates or political partycommittees, political action committees or ballot questions advocates, havefailed to file reports or have filed defective reports; and may for good causeshown extend the dates upon which reports are required to be filed;
(7) Conduct confidential investigations and/or closedhearings in accordance with this title relative to alleged violations of thischapter either on its own initiative or upon receipt of a verified writtencomplaint, which complaint shall, under pain and penalty of perjury, be basedupon actual knowledge and not merely on information and belief. Upon completionof its investigation and/or hearings, if the board has reason to believe that aviolation of this chapter has occurred or that a complainant has willfullysworn or affirmed falsely, the chairperson of the board of elections isauthorized to and shall issue to the person found to be in violation of thischapter a summons pursuant to § 12-7-11 to appear before the division ofthe district court where the person resides and shall be prosecuted by theattorney general. Any action taken by the board as a result of a writtenverified complaint shall, whenever possible, be completed no later than five(5) business days after its receipt, and if no violation is found to exist, allrecords and papers shall be kept confidential unless further legal proceedingsare instituted.
(ii) The confidentiality of an audit, investigation, hearing,and/or findings may be waived in writing only by the person or personscomplained of or audited. However, once an audit is complete and presented tothe board, the audit will be a matter of public record.
(8) Conduct compliance reviews and audits of campaignaccounts as necessary, and in a manner consistent with the provisions of thischapter.
(b) The board of elections shall take any steps that may benecessary or appropriate to furnish timely and adequate information, inappropriate printed summaries and in any other form that it may see fit, toevery candidate or prospective candidate for public office who becomes or islikely to become subject to the provisions of this chapter, and to everytreasurer duly designated under the provisions of this chapter, informing themof their actual or prospective obligations and responsibilities under thischapter.
(c) The board of elections is authorized, upon writtenrequest, to render written advisory opinions as to whether a given set of factsand circumstances set forth in the request would constitute a violation of anyof the provisions of this chapter, or whether a given set of facts andcircumstances set forth in the request would render any person subject to anyof the reporting requirements of this chapter; provided, that the requirementfor a written opinion may be voluntarily waived by the candidate or committee.
(2) Unless an extension of time is consented to by any personwho submits a written request for an advisory opinion, the board of electionsshall, whenever possible, render its written advisory opinion within five (5)business days of receipt of the request.
(d) For each quarterly report required to be filed, the boardshall send a postcard by regular mail to each person and entity required tofile a report, which will notify the person or entity that a report required tobe filed is due within fourteen (14) days.
(2) The failure to receive this notice shall not absolve theperson or entity of the reporting requirements contained in this chapter.
