7-6-201. Definitions.

7-6-201. Definitions. As used in this subchapter: (1)(A) “Approved political action committee” means any person that: (i) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees; (ii) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and (iii) Registers pursuant to § 7-6-215 prior to making contributions. (B) “Approved political action committee” does not include an organized political party as defined in § 7-1-101, a county political party committee, the candidate's own campaign committee, an exploratory committee, or a ballot question committee or legislative question committee as defined in § 7-9-402; (2) “Candidate” means any individual who has knowingly and willingly taken affirmative action, including solicitation of funds, for the purpose of seeking nomination for or election to any public office; (3)(A) “Carryover funds” means the amount of campaign funds retained from the last election by the candidate for future use but not to exceed the annual salary, excluding expense allowances, set by Arkansas law for the office sought. (B) “Carryover funds” does not include campaign signs, campaign literature, and other printed campaign materials that were: (i) Purchased by the campaign; (ii) Reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and (iii) Retained for use in a future campaign by the same candidate; (4)(A) “Contribution” means, whether direct or indirect, advances, deposits, or transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, or pledges or promises of money or anything of value, whether or not legally enforceable, to a candidate, committee, or holder of elective office made for the purpose of influencing the nomination or election of any candidate. (B)(i) “Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or persons whose expenditures the candidates or committee must report under this subchapter. (ii) “Contribution” further includes any transfer of anything of value received by a committee from another committee. (C) “Contribution” shall not include noncompensated, nonreimbursed, volunteer personal services or travel; (5) “Contribution and expenditure” shall not include activity sponsored and funded by a political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205 to promote its candidates or nominees through events such as dinners, luncheons, rallies, or similar gatherings and shall not include nonpartisan activity designed to encourage individuals to register to vote or to vote or any communication by any membership organization to its members or stockholders if the membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election or election of any candidate; (6) “County political party committee” means a person that: (A) Is organized at the county level for the purpose of supporting its affiliate party and making contributions; (B) Is recognized by an organized political party, as defined in § 7-1-101, as being affiliated with that political party; (C) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, political action committees, or other county political party committees; (D) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and (E) Registers pursuant to § 7-6-226 prior to making contributions; (7) “Election” means each election held to nominate or elect a candidate to any public office, including school elections. For the purposes of this subchapter, a preferential primary, a general primary, a special election, and a general election shall each constitute a separate election; (8) “Expenditure” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, made for the purpose of influencing the nomination or election of any candidate; (9)(A) “Exploratory committee” means a person that receives contributions which are held to be transferred to the campaign of a single candidate in an election. (B) “Exploratory committee” shall not include: (i) A political party: (a) That meets the definition of a political party under § 7-1-101; or (b) A political party that meets the requirements of § 7-7-205; or (ii) The candidate's own campaign committee; (10) “Financial institution” means any commercial bank, savings and loan, mutual savings bank or savings bank, insurance company brokerage house, or any corporation that is in the business of lending money and that is subject to state or federal regulation; (11) “Independent expenditure” means an expenditure which is not a contribution and: (A) Expressly advocates the election or defeat of a clearly identified candidate for office; (B) Is made without arrangement, cooperation, or consultation between a candidate or an authorized committee or agent of the candidate and the person making the expenditure or an authorized agent of that person; and (C) Is not made in concert with or at the request or suggestion of a candidate or an authorized committee or agent of the candidate; (12) “Independent expenditure committee” means any person that receives contributions from one (1) or more persons in order to make an independent expenditure and is registered pursuant to § 7-6-227 prior to making expenditures; (13)(A) “Legislative caucus committee” means a person that is composed exclusively of members of the General Assembly, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common. (B) “Legislative caucus committee” includes, but is not limited to, a political party caucus of the General Assembly, the Senate, or the House of Representatives. (C) An organization whose only nonlegislator member is the Lieutenant Governor or the Governor is a “legislative caucus committee” for the purposes of this subchapter; (14)(A) “Person” means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) “Person” shall also include: (i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205; (ii) A county political party committee; and (iii) A legislative caucus committee; (15)(A) “Prohibited political action committee” means any person that receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees but that does not meet the requirements of an approved political action committee. (B) “Prohibited political action committee” shall not include: (i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205; (ii) The candidate's own campaign committee; (iii) A county political party committee; (iv) An exploratory committee; or (v) A ballot or legislative question committee; (16) “Public office” means any office created by or under authority of the laws of the State of Arkansas or of a subdivision thereof that is filled by the voters, except a federal office; (17)(A) “Surplus campaign funds” means any balance of campaign funds over expenses incurred as of the day of the election except for: (i) Carryover funds; and (ii) Any funds required to repay loans made by the candidate from his or her personal funds to the campaign or to repay loans made by financial institutions to the candidate and applied to the campaign. (B) “Surplus campaign funds” does not include campaign signs, campaign literature, and other printed campaign materials that were: (i) Purchased by the campaign; (ii) Reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and (iii) Retained for use in a future campaign by the same candidate; and (18)(A) “Written instrument” means a check on which the contributor is directly liable or which is written on a personal account, trust account, partnership account, business account, or other account that contains the contributor's funds. (B) As used in § 7-6-204 in the case of a contribution by credit card or debit card, “written instrument” includes without limitation: (i) A paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution: (a) Valid name; (b) Complete address; (c) Place of business; (d) Employer; and (e) Occupation; or (ii) In the case of a contribution made through the internet, an electronic record created and transmitted by the cardholder, provided that the electronic record contains the following information for the cardholder at the time of making the contribution: (a) Valid name; (b) Complete address; (c) Place of business; (d) Employer; and (e) Occupation.