3.1
A.The Rhode Island Board of Elections hereby adopts the rules and regulations relating to contributions and expenditures reporting pursuant to and in accordance with R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.
B.Said rules and regulations are adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.
3.2Purpose
This rule is adopted by the Board of Elections for the purpose of clarifying and expanding upon R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.
3.3Definitions
“Campaign finance report” or “Report” means the Summary of Campaign Activity (CF-2) form and, unless otherwise not required, the Schedule of Contributions Received (CF-3) form and the Schedule of Expenditures (CF-4) form.
“Filer” means any candidate, committee, or person required to file Campaign Finance Reports pursuant to R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.
“Materially amend” means to add, delete, or alter more than 500 dollars ($500) or ten percent (10%), whichever is larger, of the total fiscal sum of either the contributions or expenditures on any Campaign Finance Report. Provided, however, that any willful omission of any amount shall be subject to review and penalties by the Board.
“Substantially complete” means that ninety percent (90%) or more of the total fiscal sum of all required contributions and expenditures are disclosed on the CF- 2 form and correspond to itemized amounts accounted for on the CF-3 and CF-4 forms.
3.4Rules and Regulations for a Complete Report
A.When a Filer submits a Campaign Finance Report to the Board of Elections pursuant to R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5 that is Substantially Complete, the date of the original submission will become the filing date.
B.When a Filer submits a Campaign Finance Report to the Board of Elections that is not Substantially Complete and later Materially Amends it, the date of amendment will become the actual filing date. As a result, late filing fines and fees may be assessed pursuant to R.I. Gen. Laws §§ 17-25-11(g) and 17-25.2-5(d).
3.5Notice and Appeals
A.When the Board of Elections has reason to believe that any required portions of a Campaign Finance Report were late or willfully or knowingly left blank, incomplete, or inaccurate, the Board may take action against the Filer pursuant to R.I. Gen. Laws §§ 17-25-13, 17-25-16, 17-25-11(g), and 17-25.2-5(d).
B.The Board of Elections shall notify the Filer of any violations by certified mail pursuant to the requirements of R.I. Gen. Laws § 17-25-11(3); the Filer has the opportunity to appeal any actions based on any violations.
C.Notwithstanding any of the provisions of these rules and regulations, the Board of Elections shall have the authority to waive late filing fees for good cause shown.
3.6Implementation
A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.
B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the 21 day of 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.
