16-905. Committee qualification; requirements; exemption; adjustments
A. A candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with that candidacy.
B. For city and town elections, a candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least five hundred dollars in connection with that candidacy.
C. An entity shall register as a political action committee if both of the following apply:
1. The entity is organized for the primary purpose of influencing the result of an election.
2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with any election during a calendar year.
D. A filing officer or enforcement officer shall make a rebuttable presumption that an entity is organized for the primary purpose of influencing the result of an election if the entity meets any of the following:
1. Except for a religious organization, assembly or institution, claims tax exempt status but had not filed form 1023 or form 1024 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, before making a contribution or expenditure.
2. Made a contribution or expenditure and at that time had its tax exempt status revoked by the internal revenue service.
3. Made a contribution or expenditure and at that time failed to file form 990 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, if required by law.
E. Except as prescribed in subsections B and C of this section and section 16-938, a filing officer, enforcement officer or other officer of a city, town, county or other political subdivision of this state may not require an entity that claims tax exempt status under section 501(a) of the internal revenue code and that remains in good standing with the internal revenue service to do any of the following:
1. Register or file as a political action committee.
2. Report or otherwise disclose personally identifying information relating to individuals who have made contributions to that entity.
3. Disclose its schedule B, form 990.
4. Submit to an audit or subpoena or produce evidence regarding a potential campaign finance violation.
F. A fund that is established by a corporation, limited liability company, labor organization or partnership for the purpose of influencing the result of an election shall register as a political action committee.
G. An entity may register as a political party committee only as prescribed in chapter 5 of this title.
H. A committee is not subject to state income tax and is not required to file a state income tax return.
I. The dollar amounts prescribed by subsections A and C of this section shall be increased every two years pursuant to section 16-931.
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