# Title 16.1 — Elections

## Chapter 16.1-08.1 — Campaign Contribution Statements

### § 16.1-08.1-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Affiliate" means an organization that controls, is controlled by, or is under common
control with another organization. For purposes of this definition, control means the
possession, direct or indirect, of the power to direct or cause the direction of the
management and policies of an organization, whether through the ownership of voting
securities, by contract other than a commercial contract for goods or nonmanagement
services, or otherwise. Control is presumed to exist if an organization, directly or
indirectly, owns, controls, holds with the power to vote, or holds proxies representing
fifty percent or more of the voting securities of any other organization.
2. "Association" means any club, association, union, brotherhood, fraternity, organization,
or group of any kind of two or more persons, including labor unions, trade
associations, professional associations, or governmental associations, which is united
for any purpose, business, or object and which assesses any dues, membership fees,
or license fees in any amount, or which maintains a treasury fund in any amount. The
term does not include corporations, cooperative corporations, limited liability
companies, political committees, or political parties.
3. "Conduit" means a person that is not a political party, political committee, or candidate
and which receives a contribution of money and transfers the contribution to a
candidate, political party, or political committee when the contribution is designated
specifically for the candidate, political party, or political committee and the person has
no discretion as to the recipient and the amount transferred. The term includes a
transactional intermediary, including a credit card company or a money transfer service
that pays or transfers money to a candidate on behalf of another person.
4. "Contribution" means a gift, transfer, conveyance, provision, receipt, subscription, loan,
advance, deposit of money, or anything of value, made for the purpose of influencing
the nomination for election, or election, of any person to public office or aiding or
opposing the circulation or passage of a statewide initiative or referendum petition or
measure. The term also means a contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make a contribution for any of the above
purposes. The term includes funds received by a candidate for public office or a
political party or committee which are transferred or signed over to that candidate,
party, or committee from another candidate, party, or political committee or other
source including a conduit. The term "anything of value" includes any good or service
of more than a nominal value. The term "nominal value" means the cost, price, or
worth of the good or service is trivial, token, or of no appreciable value. The term
"contribution" does not include:
a. A loan of money from a bank or other lending institution made in the regular
course of business.
b. Time spent by volunteer campaign or political party workers.
c. Money or anything of value received for commercial transactions, including rents,
advertising, or sponsorships made as a part of a fair market value bargained-for
exchange.
d. Money or anything of value received for anything other than a political purpose.
e. Products or services for which the actual cost or fair market value are reimbursed
by a payment of money.
f. An independent expenditure.
g. The value of advertising paid by a political party, multicandidate political
committee, or caucus which is in support of a candidate.
h. In-kind contributions from a candidate to the candidate's campaign.
5. "Cooperative corporations", "corporations", and "limited liability companies" are as
defined in this code, and for purposes of this chapter "corporations" includes nonprofit
corporations. However, if a political committee, the only purpose of which is accepting

contributions and making expenditures for a political purpose, incorporates for liability
purposes only, the committee is not considered a corporation for the purposes of this
chapter.
6. "Expenditure" means:
a. A gift, transfer, conveyance, provision, loan, advance, payment, distribution,
disbursement, outlay, or deposit of money or anything of value, except a loan of
money from a bank or other lending institution made in the regular course of
business, made for a political purpose or for the purpose of influencing the
passage or defeat of a measure.
b. A contract, promise, or agreement, express or implied, whether or not legally
enforceable, to make any expenditure.
c. The transfer of funds by a political committee to another political committee.
d. An independent expenditure.
7. "Expenditure categories" means the categories into which expenditures must be
grouped for reports under this chapter. The expenditure categories are:
a. Advertising;
b. Campaign loan repayment;
c. Operations;
d. Travel; and
e. Miscellaneous.
8. "Independent expenditure" means an expenditure made for a political purpose or for
the purpose of influencing the passage or defeat of a measure if the expenditure is
made without the express or implied consent, authorization, or cooperation of, and not
in concert with or at the request or suggestion of, any candidate, committee, or political
party.
9. "Patron" means a person who owns equity interest in the form of stock, shares, or
membership or maintains similar financial rights in a cooperative corporation.
10. "Person" means an individual, partnership, political committee, association,
corporation, cooperative corporation, limited liability company, or other organization or
group of persons.
11. "Personal benefit" means a benefit to the candidate or another person which is not for
a political purpose or related to a candidate's responsibilities as a public officeholder,
and any other benefit that would convert a contribution to personal income.
12. "Political committee" means any committee, club, association, or other group of
persons which receives contributions or makes expenditures for political purposes and
includes:
a. A political action committee not connected to another organization and free to
solicit funds from the general public, or derived from a corporation, cooperative
corporation, limited liability company, affiliate, subsidiary, or an association that
solicits or receives contributions from its employees or members or makes
expenditures for political purposes on behalf of its employees or members;
b. A candidate committee established to support an individual candidate seeking
public office which solicits or receives contributions for political purposes;
c. A political organization registered with the federal election commission, which
solicits or receives contributions or makes expenditures for political purposes;
d. A multicandidate political committee, including a caucus, established to support
multiple groups or slates of candidates seeking public office, which solicits or
receives contributions for political purposes; and
e. A measure committee, including an initiative or referendum sponsoring committee
at any stage of its organization, which solicits or receives contributions or makes
expenditures for the purpose of aiding or opposing a measure sought to be voted
upon by the voters of the state, including any activities undertaken for the
purpose of drafting an initiative or referendum petition, seeking approval of the
secretary of state for the circulation of a petition, or seeking approval of the
submitted petitions.

13. "Political party" means any association, committee, or organization which nominates a
candidate for election to any office which may be filled by a vote of the electors of this
state or any of its political subdivisions and whose name appears on the election ballot
as the candidate of such association, committee, or organization.
14. "Political purpose" means any activity undertaken in support of or in opposition to the
election or nomination of a candidate to public office and includes using "vote for",
"oppose", or any similar support or opposition language in any advertisement whether
the activity is undertaken by a candidate, a political committee, a political party, or any
person. In the period thirty days before a primary election and sixty days before a
special or general election, "political purpose" also means any activity in which a
candidate's name, office, district, or any term meaning the same as "incumbent" or
"challenger" is used in support of or in opposition to the election or nomination of a
candidate to public office. The term does not include activities undertaken in the
performance of a duty of a public office or any position taken in any bona fide news
story, commentary, or editorial.
15. "Public office" means every office to which an individual can be elected by vote of the
people under the laws of this state.
16. "Subsidiary" means an affiliate of a corporation under the control of the corporation
directly or indirectly through one or more intermediaries.
17. "Ultimate and true source" means the person that knowingly contributed over two
hundred dollars solely to influence a statewide election or an election for the legislative
assembly.
### § 16.1-08.1-02. Contributions statement required of candidate committees, candidates,

and candidates for legislative office.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-02.1. State political party convention revenue and expense statement

required.
1. State political parties shall establish separate and segregated accounts for the
management of state nominating conventions. All revenue obtained and expenditures
made for the planning and running of a state convention must be accounted for in
these accounts.
2. A postconvention statement must be filed with the secretary of state sixty days after
the close of the state nominating convention. The reporting period for the
postconvention statement begins on the first day of January of the reporting year and
ends thirty days after the close of the state nominating convention.
3. A year-end statement covering the entire calendar year must be filed with the
secretary of state before February first of the following year even if no convention
revenue was received or expenditures made within the calendar year.
4. The statement filed according to this section must show the following:
a. The balance of the filer's convention accounts at the start and close of the
reporting period;
b. The total of all revenue received and expenditures made of two hundred dollars,
or less;
c. The total of all revenue received and expenditures made in excess of two
hundred dollars;
d. For each aggregated revenue received from a person in excess of two hundred
dollars:
(1) The name of each person;
(2) The mailing address of each person;
(3) The date of the most recent receipt of revenue from each person; and
(4) The purpose or purposes for which the aggregated revenue total was
received from each person;
e. For each aggregated expenditure made to a person in excess of two hundred
dollars:

(1) The name of each person or entity;
(2) The mailing address of each person or entity;
(3) The date of the most recent expense made to each person or entity; and
(4) The purpose or purposes for which the aggregated expenditure total was
disbursed to each person or entity; and
f. For each aggregated revenue from an individual which totals five thousand
dollars or more during the reporting period, the occupation, employer, and
principal place of business of the individual must be disclosed.
5. If a net gain from the convention is transferred to the accounts established for the
support of the nomination or election of candidates, the total transferred must be
reported as a contribution in the statements required by section 16.1-08.1-02.4.
6. If a net loss from the convention is covered by a transfer from the accounts
established for the support of the nomination or election of candidates, the total
transferred must be reported as an expenditure in the statements required by section
16.1-08.1-02.4.
### § 16.1-08.1-02.2. State political party building fund statement required.

A state political party or nonprofit entity affiliated with or under the control of a state political
party which receives a donation for purchasing, maintaining, or renovating a building shall file a
statement with the secretary of state before February first of each calendar year. Any income or
financial gain generated from a building purchased, maintained, or renovated from donations
must be deposited in the building fund and must be disclosed when the political party or
nonprofit entity files the statement required under this section. Money in the fund may be used
only by the state political party or nonprofit entity affiliated with or under the control of a state
political party for purchasing, maintaining, or renovating a building including the purchase of
fixtures for the building. The statement may be submitted for filing beginning on January first
and must include:
1. The balance of the building fund on January first;
2. The name and mailing address of each donor;
3. The amount of each donation;
4. The date each donation was received;
5. The name and mailing address of each recipient of an expenditure;
6. The amount of each expenditure;
7. The date each expenditure was made; and
8. The balance of the fund on December thirty-first.
### § 16.1-08.1-02.3. Pre-election, supplemental, and year-end campaign disclosure

statement requirements for candidates, candidate committees, multicandidate
committees, and nonstatewide political parties.
1. Prior to the thirty-first day before a primary, general, or special election, a candidate or
candidate committee formed on behalf of the candidate, a multicandidate political
committee, or a political party other than a statewide political party soliciting or
accepting contributions shall file a campaign disclosure statement that includes all
contributions received from January first through the fortieth day before the election. A
candidate whose name is not on the ballot and who is not seeking election through
write-in votes, the candidate's candidate committee, and a political party that has not
endorsed or nominated any candidate in the election is not required to file a statement
under this subsection. The statement may be submitted for filing beginning on the
thirty-ninth day before the election. The statement must include:
a. For each aggregated contribution from a contributor which totals in excess of two
hundred dollars received during the reporting period:
(1) The name and mailing address of the contributor;
(2) The total amount of the contribution; and
(3) The date the last contributed amount was received;
b. The total of all aggregated contributions from contributors which total in excess of
two hundred dollars during the reporting period;

c. The total of all contributions received from contributors that contributed two
hundred dollars or less each during the reporting period; and
d. For a statewide candidate, a candidate committee formed on behalf of a
statewide candidate, and a statewide multicandidate committee, the balance of
the campaign fund on the fortieth day before the election and the balance of the
campaign fund on January first.
2. Beginning on the thirty-ninth day before the election through the day before the
election, a person that files a statement under subsection 1 must file a supplemental
statement within forty-eight hours of the start of the day following the receipt of a
contribution or aggregate contribution from a contributor which is in excess of five
hundred dollars. The statement must include:
a. The name and mailing address of the contributor;
b. The total amount of the contribution received during the reporting period; and
c. The date the last contributed amount was received.
3. Prior to February first, a candidate or candidate committee, a multicandidate political
committee, or a nonstatewide political party soliciting or accepting contributions shall
file a campaign disclosure statement that includes all contributions received and
expenditures, by expenditure category, made from January first through December
thirty-first of the previous year. The statement may be submitted for filing beginning on
January first. The statement must include:
a. For a statewide candidate, a candidate committee formed on behalf of a
statewide candidate, and a statewide multicandidate committee, the balance of
the campaign fund on January first and on December thirty-first;
b. For each aggregated contribution from a contributor which totals in excess of two
hundred dollars received during the reporting period:
(1) The name and mailing address of the contributor;
(2) The total amount of the contribution; and
(3) The date the last contributed amount was received;
c. The total of all aggregated contributions from contributors which total in excess of
two hundred dollars during the reporting period;
d. The total of all contributions received from contributors that contributed two
hundred dollars or less each during the reporting period; and
e. The total of all other expenditures made during the previous year, separated into
expenditure categories.
4. A person required to file a statement under this section, other than a candidate for
judicial office, county office, city office, or school district office, or a candidate
committee for a candidate exempted under this subsection, shall report each
aggregated contribution from a contributor which totals five thousand dollars or more
during the reporting period. For these contributions from individuals, the statement
must include the contributor's occupation, employer, and the employer's principal place
of business.
5. A candidate for city office in a city with a population under five thousand and a
candidate committee for the candidate are exempt from this section. A candidate for
school district office in a school district with a fall enrollment of fewer than
one thousand students and a candidate committee for the candidate are exempt from
this section.
6. A candidate for county office and a candidate committee for a candidate for county
office shall file statements under this chapter with the county auditor. A candidate for
city office who is required to file a statement under this chapter and a candidate
committee for such a candidate shall file statements with the city auditor. A candidate
for school district office who is required to file a statement under this chapter and a
candidate committee for such a candidate shall file statements with the school district
business manager. Any other person required to file a statement under this section
shall file the statement with the secretary of state.
7. The filing officer shall assess and collect fees for any reports filed after the filing
deadline.

8. To ensure accurate reporting and avoid commingling of campaign and personal funds,
candidates shall use dedicated campaign accounts that are separate from any
personal accounts.
### § 16.1-08.1-02.4. Pre-election, supplemental, and year-end campaign disclosure

statement requirements for statewide political parties and certain political committees.
1. Prior to the thirty-first day before a primary, general, or special election, a statewide
political party or a political committee not required to file statements under section
disclosure statement that includes all contributions received and expenditures made
from January first through the fortieth day before the election. A political party that has
not endorsed or nominated a candidate in an election is not required to file a statement
under this subsection. A statement required to be filed under this subsection may be
submitted for filing beginning on the thirty-ninth day before the election. The statement
must include:
a. For each aggregated contribution from a contributor which totals in excess of two
hundred dollars received during the reporting period:
(1) The name and mailing address of the contributor;
(2) The total amount of the contribution; and
(3) The date the last contributed amount was received;
b. The total of all aggregated contributions from contributors which total in excess of
two hundred dollars during the reporting period;
c. The total of all contributions received from contributors that contributed two
hundred dollars or less each during the reporting period;
d. For each recipient of an expenditure from campaign funds in excess of two
hundred dollars in the aggregate:
(1) The name and mailing address of the recipient;
(2) The total amount of the expenditure made to the recipient; and
(3) The date the last expended amount was made to the recipient;
e. The aggregate total of all expenditures from campaign funds in excess of two
hundred dollars;
f. The aggregate total of all expenditures from campaign funds of two hundred
dollars or less; and
g. The balance of the campaign fund on the fortieth day before the election and
balance of the campaign fund on January first.
2. Beginning on the thirty-ninth day before the election through the day before the
election, a person that files a statement under subsection 1 must file a supplemental
statement within forty-eight hours of the start of the day following the receipt of a
contribution or aggregate contribution from a contributor which is in excess of five
hundred dollars. The statement must include:
a. The name and mailing address of the contributor;
b. The total amount of the contribution received during the reporting period; and
c. The date the last contributed amount was received.
3. Prior to February first, a statewide political party or a political committee that is not
required to file a statement under section 16.1-08.1-2.3 shall file a campaign
disclosure statement that includes all contributions received and expenditures made
from January first through December thirty-first of the previous year. The statement
may be submitted for filing beginning on January first. The statement must include:
a. For each aggregated contribution from a contributor which totals in excess of two
hundred dollars received during the reporting period:
(1) The name and mailing address of the contributor;
(2) The total amount of the contribution; and
(3) The date the last contributed amount was received;
b. The total of all aggregated contributions from contributors which total in excess of
two hundred dollars during the reporting period;

c. The total of all contributions received from contributors that contributed two
hundred dollars or less each during the reporting period;
d. For each recipient of an expenditure from campaign funds in excess of two
hundred dollars in the aggregate:
(1) The name and mailing address of the recipient;
(2) The total amount of the expenditure made to the recipient; and
(3) The date the last expended amount was made to the recipient;
e. The aggregate total of all expenditures from campaign funds in excess of two
hundred dollars;
f. The aggregate total of all expenditures from campaign funds of two hundred
dollars or less; and
g. The balance of the campaign fund on January first and December thirty-first.
4. A person required to file a statement under this section shall disclose each aggregated
contribution from a contributor which totals five thousand dollars or more during the
reporting period. For these contributions from individuals, the statement must include
the contributor's occupation, employer, and the employer's principal place of business.
5. Statements under this section must be filed with the secretary of state.
6. The secretary of state shall assess and collect fees for any reports filed after the filing
deadline.
### § 16.1-08.1-03. Contributions statement required of political parties.

Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.1. Special requirements for statements required of persons engaged in

activities regarding ballot measures.
1. For each reportable contribution and expenditure under section 16.1-08.1-02.4, the
threshold for reporting is one hundred dollars for any person engaged in activities
described in subdivision e of subsection 12 of section 16.1-08.1-01.
2. For contributions received from any contributor, a person engaged in activities
described in subdivision e of subsection 12 of section 16.1-08.1-01 shall include the
following information regarding each subcontributor that has stated a contribution is for
the express purpose of furthering the passage or defeat of a ballot measure in the
statements required under section 16.1-08.1-02.4:
a. A designation as to whether any person contributed in excess of one hundred
dollars of the total contribution;
b. The name and mailing address of each subcontributor that contributed in excess
of one hundred dollars of the total contribution;
c. The contribution amounts of each disclosed subcontributor; and
d. The occupation, employer, and address for the employer's principal place of
business of each disclosed subcontributor.
3. An initiative and referendum sponsoring committee also shall file a disclosure
statement by the date the secretary of state approves the petition for circulation, and
shall file an additional statement on the date the petitions containing the required
number of signatures are submitted to the secretary of state for review. The
statements required under this subsection must be in the same form as the year-end
statements under section 16.1-08.1-02.4.
4. A sponsoring committee shall file a statement regarding its intent to compensate
circulators before paying for petitions to be circulated.
### § 16.1-08.1-03.2. Political committee and candidate registration.

1. A political committee as defined in section 16.1-08.1-01 shall register its name, mailing
address, telephone number, and nongovernment issued electronic mail address, its
agent's name, mailing address, telephone number, and nongovernment issued
electronic mail address, and a designation as to whether the committee is incorporated
solely for the purpose of liability protection, with the secretary of state. A candidate

who does not have a candidate committee shall register the candidate's name, mailing
address, telephone number, and nongovernment issued electronic mail address with
the secretary of state. If the candidate has an agent, the candidate also shall register
the agent's name, mailing address, telephone number, and nongovernment issued
electronic mail address with the secretary of state. The registration required under this
section for a candidate or political committee that has not previously registered with
the secretary of state must be submitted within fifteen business days of the receipt of
any contribution or expenditure made.
2. A candidate or political committee required to be registered under this section must
register with the secretary of state each year during which the candidate holds public
office or during which the political committee receives contributions, makes
expenditures for political purposes, or has a balance in the campaign account. An
individual who no longer holds public office or an individual who no longer seeks public
office must register with the secretary of state each year in which contributions are
received, expenditures are made for political purposes, or has a balance in the
campaign account.
3. A political committee that organizes and registers according to federal law and makes
an independent expenditure or makes a disbursement in excess of two hundred
dollars to a nonfederal candidate seeking public office, a political party, or political
committee in this state is not required to register as a political committee according to
this section if the political committee reports according to section 16.1-08.1-03.7.
4. Registration by a political committee under this section does not reserve the name for
exclusive use nor does it constitute registration of a trade name under chapter 47-25.
### § 16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations,

limited liability companies, affiliates, subsidiaries, and associations - Violation - Penalty -
Political action committees authorized.
1. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or
association may establish, administer, and solicit contributions to a separate and
segregated fund to be utilized for political purposes by the corporation, cooperative
corporation, limited liability company, affiliate, subsidiary, or association. It is unlawful
for:
a. The person or persons controlling the fund to make contributions or expenditures
utilizing money or anything of value secured by physical force, job discrimination,
financial reprisals, or the threat of them; or utilize money from dues, fees,
treasury funds, or other money required as a condition of membership in an
association, or as a condition of employment; or utilize money obtained in any
commercial transaction. Moneys from fees, dues, treasury funds, or money
obtained in a commercial transaction may, however, be used to pay costs of
administration of the fund.
b. Any person soliciting an employee, stockholder, patron, board member, or
member for a contribution to the fund to fail to inform the employee or member of
the political purposes of the fund at the time of the solicitation or of the general
political philosophy intended to be advanced through committee activities.
c. Any person soliciting an employee or member for a contribution to the fund to fail
to inform the employee or member at the time of the solicitation of the right to
refuse to contribute without any reprisal.
d. Any contribution to be accepted without keeping an accurate record of the
contributor and amount contributed and of amounts expended for political
purposes.
e. Any contribution to be accepted from any person not an employee, a stockholder,
a patron, a board member or a member of the corporation, cooperative
corporation, limited liability company, affiliate, subsidiary, or association
maintaining the political action committee, except a corporation may accept a
contribution from an employee, a stockholder, a patron, a board member, or a
member of an affiliate or a subsidiary of the corporation.

f. Any expenditure made for political purposes to be reported under this section
before control of the expenditure has been released by the political action
committee except if there is a contract, a promise, or an agreement, expressed or
implied, to make such expenditure.
2. A person may not make a payment of that person's money or of another person's
money to any other person for a political purpose in any name other than that of the
person that supplies the money and a person may not knowingly receive the payment
nor enter nor cause the payment to be entered in that person's account or record in
any name other than that of the person by which it actually was furnished.
3. If an officer, employee, agent, attorney, or other representative of a corporation,
cooperative corporation, limited liability company, affiliate, subsidiary, or association
makes any contribution prohibited by this section out of corporate, cooperative
corporation, limited liability company, affiliate, subsidiary, or association funds or
otherwise violates this section, it is prima facie evidence of a violation by the
corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or
association.
4. A violation of this section may be prosecuted in the county where the contribution is
made or in any county in which it has been paid or distributed.
5. It is a class A misdemeanor for an officer, director, stockholder, manager, governor,
member, attorney, agent, or representative of any corporation, cooperative
corporation, limited liability company, affiliate, subsidiary, or association to violate this
section or to counsel or consent to any violation. Any person that solicits or knowingly
receives any contribution in violation of this section is guilty of a class A misdemeanor.
6. Any officer, director, stockholder, manager, governor, member, attorney, agent, or
representative who makes, counsels, or consents to the making of a contribution in
violation of this section is liable to the company, corporation, limited liability company,
affiliate, subsidiary, or association for the amount so contributed.
### § 16.1-08.1-03.4. Person not excused from testifying as to violation - Prosecution or

penalty waived upon testifying.
No person may be excused from attending and testifying or producing any books, papers,
or other documents before any court upon any investigation, proceeding, or trial for a violation of
any of the provisions of this chapter, upon the grounds that the testimony or evidence,
documentary or otherwise, required of the person may tend to incriminate or degrade the
person. No person may be prosecuted nor subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which the person may testify or produce
evidence, documentary or otherwise, and no testimony so given or produced may be used
against the person in any criminal investigation or proceeding.
### § 16.1-08.1-03.5. Corporate contributions and expenditures - Statement required.

1. Corporations, cooperative corporations, limited liability companies, affiliates,
subsidiaries, and associations may make expenditures and contributions for promoting
any general political philosophy or belief deemed in the best interest of the employees,
stockholders, patrons, or members of the corporation, cooperative corporation, limited
liability company, affiliate, subsidiary, or association other than a "political purpose" as
defined by this chapter. A corporation, cooperative corporation, limited liability
company, affiliate, subsidiary, or association may not make a contribution for a political
purpose.
2. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or
association may make a donation of property or money to a state political party or
nonprofit entity affiliated with or under the control of a state political party for deposit in
a separate and segregated building fund.
3. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or
association may make an expenditure to a measure committee as described in section
referred measure or petition or make an expenditure to any other person that makes

an independent expenditure. A corporation, cooperative corporation, limited liability
company, affiliate, subsidiary, or association may make an independent expenditure
for a political purpose, including political advertising in support of or opposition to a
candidate, political committee, or a political party, or for the purpose of promoting
passage or defeat of initiated or referred measures or petitions. The corporation,
cooperative corporation, limited liability company, affiliate, subsidiary, or association
shall file a statement disclosing any expenditure made under this subsection with the
secretary of state within forty-eight hours after making the expenditure. The statement
must include:
a. The full name of the corporation, cooperative corporation, limited liability
company, affiliate, subsidiary, or association;
b. The complete address of the corporation, cooperative corporation, limited liability
company, affiliate, subsidiary, or association;
c. The name of the recipient of the expenditure;
d. If the expenditure is related to a measure or petition, the title of the measure or
petition and whether the expenditure is made in support of or opposition to the
measure or petition;
e. If the expenditure is related to a measure, the election date on which the measure
either will appear or did appear on the ballot;
f. The amount of the expenditure;
g. The cumulative total amount of expenditures since the beginning of the calendar
year which are required to be reported under this subsection;
h. The telephone number and the printed name and signature of the individual
completing the statement, attesting to the statement being true, complete, and
correct; and
i. The date on which the statement was signed.
### § 16.1-08.1-03.6. Contributions from federal campaign committee accounts or from

contributions made to other candidates or former candidates limited.
Repealed by S.L. 2001, ch. 202, § 7.
### § 16.1-08.1-03.7. Political committees that organize and register according to federal

law that make independent expenditures or disbursements to nonfederal candidates,
political parties, and political committees.
A political committee that organizes and registers according to federal law and makes an
independent expenditure or makes a disbursement in excess of two hundred dollars to a
nonfederal candidate seeking public office or to a political party or political committee in this
state shall file a copy of that portion of the committee's federal report detailing the independent
expenditure or the disbursement made. The political committee shall file a copy of the
committee's federal report, and supplementary information as necessary under this section, with
the secretary of state at the time of filing the report with the applicable federal agency. The
report and supplementary information must include:
1. The name, mailing address, and treasurer of the political committee;
2. The recipient's name and mailing address;
3. The date and amount of the independent expenditure or disbursement; and
4. The ultimate and true source of funds listed by contributor and subcontributor of any
amount over two hundred dollars collected or used to make the independent
expenditure or disbursement including:
a. The name and address of the contributor;
b. The total amount of the contribution; and
c. The date the last contribution was received.
### § 16.1-08.1-03.8. Contributions statement required of multicandidate political

committees.
Repealed by S.L. 2017, ch. 155, §13.

### § 16.1-08.1-03.9. Contribution statements of judicial district candidates or a candidate

committee for a judicial district candidate.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.10. Contribution statements of county office candidates or a candidate

committee for a county office candidate.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.11. Contribution statements of city office candidates or a candidate

committee for a city office candidate in cities with a resident population of five thousand
or more as determined by the last federal decennial census.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.12. Contribution statements of incidental committees and other political

committees.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.13. Contribution statements required of initiated or referendum petition

sponsoring committees - Statement of petition sponsors.
Repealed by S.L. 2017, ch. 155, §13.
### § 16.1-08.1-03.14. Conduit required to provide detailed contribution information to

recipient.
A conduit that transfers any contribution to a candidate, political party, or political committee
shall provide the recipient of the contribution a detailed statement that lists the name and
address of each individual contributor, the amount of each contribution, and the date each
contribution was received. The conduit also shall include on the statement the occupation,
employer, and principal place of business of each contributor, or the political committee if not
already registered according to state or federal law, which contributed five thousand dollars or
more in the aggregate during a reporting period applicable to the candidate, political party, or
political committee. The conduit shall provide the statement to the candidate, political party, or
political committee in a manner to allow the candidate, political party, or political committee to
file any statement required to be filed under this chapter.
### § 16.1-08.1-03.15. Contributions from and expenditures by foreign nationals prohibited.

1. A foreign national may not make or offer to make, directly or indirectly, a contribution or
expenditure in connection with any election.
2. A candidate, candidate committee, political party, or any other person may not solicit,
accept, or receive, directly or indirectly, a contribution from a foreign national.
3. For purposes of this section, unless the context otherwise requires, "foreign national"
means a person that is:
a. A foreign government;
b. A foreign political party;
c. A foreign corporation, partnership, association, organization, or other combination
of persons organized under the laws of or having its principal place of business in
a foreign country;
d. An individual with foreign citizenship; or
e. An individual who is not a citizen or national of the United States and is not
admitted lawfully to the United States for permanent residence.
### § 16.1-08.1-04. Supplemental statement required on large contributions received after

original statement - Filing time.
Repealed by S.L. 2017, ch. 155, §13.

### § 16.1-08.1-04.1. Personal use of contributions prohibited.

1. A candidate may not use any contribution received by the candidate, the candidate's
candidate committee, or a multicandidate political committee to:
a. Give a personal benefit to the candidate or another person;
b. Make a loan to another person;
c. Knowingly pay more than the fair market value for goods or services purchased
for the campaign; or
d. Pay a criminal fine or civil penalty.
2. If the secretary of state has substantial reason to believe any person knowingly
violated this section, the secretary shall arrange for an audit as authorized by section
16.1-08.1-05.
### § 16.1-08.1-05. Audit by secretary of state - Requested audits - Reports.

1. If a substantial irregularity is evident or reasonably alleged, the secretary of state may
arrange an audit of any statement filed pursuant to this chapter, to be performed by a
certified public accountant of the filer's choice, subject to approval by the secretary of
state. If an audit of a statement arranged by the secretary of state under this
subsection reveals a violation of this chapter, the candidate, political party, political
committee, or other person filing the statement shall pay a fine to the secretary of state
equal to two hundred percent of the aggregate of contributions and expenditures found
to be in violation or an amount sufficient to pay the cost of the audit, whichever is
greater. If an audit of a statement arranged by the secretary of state under this
subsection does not reveal a violation of this chapter, the cost of the audit must be
paid for by the secretary of state.
2. If a substantial irregularity is reasonably alleged, the secretary of state may arrange an
audit of any statement filed pursuant to this chapter, performed by a certified public
accountant of the filer's choice, subject to approval by the secretary of state, upon
written request by any interested party made to the secretary of state within thirty days
following receipt of a statement by the secretary of state. The request must be made in
writing, recite a substantial irregularity and a lawful reason for requesting an audit, and
be accompanied by a bond in an amount established by the secretary of state
sufficient to pay the cost of the audit. If an audit of a statement arranged by the
secretary of state under this subsection reveals a violation of this chapter, the
candidate, political party, or political committee filing the statement shall pay a fine to
the secretary of state equal to two hundred percent of the aggregate of contributions
and expenditures found to be in violation or an amount sufficient to pay the cost of the
audit, whichever is greater, and the bond shall be returned to the person submitting it.
If an audit of a statement arranged by the secretary of state under this subsection
does not reveal a violation of this chapter, the cost of the audit must be satisfied from
the bond filed with the secretary of state.
3. An audit may not be made or requested of a statement for the sole reason that it was
not timely filed with the secretary of state. An audit made or arranged according to this
section must audit only those items required to be included in any statement,
registration, or report filed with the secretary of state according to this chapter. The
secretary of state may collect any payment obligation arising out of this section by civil
action or by assignment to a collection agency, with any costs of collection to be added
to the amount owed and to be paid by the delinquent filer. Any remaining moneys
collected by the secretary of state after an audit is paid for under this section must be
deposited in the state's general fund. This section does not apply to statements filed
by candidates or candidate committees for candidates for county, city, or school district
offices.
### § 16.1-08.1-06. Contributions and expenditure statement requirements.

1. Any statement required by this chapter to be filed with the secretary of state must be:
a. Filed electronically with the secretary of state and must be within the prescribed
time and in the format established by the secretary of state. If the secretary of

state does not receive a statement, an electronic duplicate of the statement must
be promptly filed upon notice by the secretary of state of its nonreceipt. After a
statement has been filed, the secretary of state may request or accept written
clarification along with an amended statement from a candidate, political party, or
political committee filing the statement when discrepancies, errors, or omissions
on the statement are discovered by the secretary of state, the candidate, political
party, or political committee filing the statement, or by any interested party reciting
a lawful reason for requesting clarification and an amendment be made. When
requesting an amended statement, the secretary of state shall establish a
reasonable period of time, not to exceed ten days, agreed to by the candidate,
political party, or political committee, for filing the amended statement with the
secretary of state.
b. Preserved by the secretary of state for a period of ten years from the date of the
filing deadline. The statement is to be considered a part of the public records of
the secretary of state's office and must be open to public inspection on the
internet.
2. In determining the amount of individual contributions from any contributor, all amounts
received from the same contributor during the reporting period must be aggregated to
report an overall total contribution for the purposes of the statements required by this
chapter. Aggregate contributions must reference the date of the most recent
contribution. Contributions made separately by different persons from joint accounts
are considered separate contributions for reporting purposes.
3. In reporting a contribution received through a conduit, a candidate, political party, or
political committee shall list each reportable contribution identifying the person that
submitted the contribution to the conduit and provide the required information
regarding the contribution from that person rather than identifying the conduit as the
contributor.
4. Any statement and data filed with the secretary of state must be made available on the
internet to the public free of charge within twenty-four hours after filing.
### § 16.1-08.1-06.1. Filing officer to charge and collect fees for late filing.

1. If a statement or report required to be filed according to this chapter is not filed within
the prescribed time, the filing officer to whom the report was to be filed is authorized to
charge and collect a late fee as follows:
a. Within six days after the prescribed time, twenty-five dollars;
b. Within eleven days after the prescribed time, fifty dollars; and
c. Thereafter, one hundred dollars.
2. A filing officer may require an amendment to be filed for any statement or report that is
incorrect or incomplete. The amendment must be filed with the filing officer within ten
business days after the amendment has been requested in writing. If an amendment is
not filed within the prescribed time, the filing officer is authorized to charge and collect
a late fee as follows:
a. Within six days after the date the amendment was due, fifty dollars;
b. Within eleven days after the date the amendment was due, one hundred dollars;
and
c. Thereafter, two hundred dollars.
3. The filing officer may collect any payment obligation arising out of this section by civil
action or by assignment to a collection agency, with any costs of collection to be added
to the amount owed and to be paid by the delinquent filer.
### § 16.1-08.1-06.2. Secretary of state to provide instructions, make adjustments for

inflation, and conduct training.
The secretary of state shall provide instructions and conduct training for the purpose of
promoting uniform application of campaign finance and disclosure requirements and the uniform
filing of statements, registrations, or reports according to this chapter. The secretary also shall
determine adjustments for inflation of the reporting thresholds in this chapter and instruct

persons submitting reports under this chapter of the adjustments. On January first of each year,
the secretary shall determine whether the accumulated change in the consumer price index for
all urban consumers (all items, United States city average), as applied to each reporting
threshold in this chapter, would result in an adjustment of at least ten dollars of the threshold in
effect on that date. If so, the secretary shall deem the reporting threshold adjusted by ten
dollars.
### § 16.1-08.1-07. Penalty.

Except as otherwise provided, any person who willfully violates any provision of this chapter
is guilty of a class A misdemeanor.
### § 16.1-08.1-08. Ultimate and true source of funds - Required identification.

1. In any statement under this chapter which requires the identification of a contributor or
subcontributor, the ultimate and true source of funds must be identified.
2. A resident taxpayer may commence an action in a district court of this state against a
person required to comply with this section to compel compliance if all other
enforcement measures under this chapter have been exhausted and the taxpayer
reasonably believes the person has failed to comply with this section.
