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Rule 257:10-1-7. Expenditures.

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(a) Limitation on expenditures.

(1) An expenditure may not be authorized or made by a committee while there is a vacancy in the office of treasurer except by the deputy treasurer if designated.

(2) An expenditure of more than fifty dollars ($50), except for expenditures made by a candidate from his or her own funds:

(A)may not be made in cash; and

(B)shall be made by written instrument drawn upon a campaign account containing the name of the committee and the name of the recipient.

(3) An expenditure of more than fifty dollars ($50) shall be accounted for by a written receipt indicating:

(A)the date of the expenditure;

(B)the amount of the expenditure;

(C)the name and address of the recipient; and

(D)the item or service purchased.

(4) An expenditure may not be made, other than for overhead or normal operating expenses, by an agent, independent contractor, or advertising agency, on behalf of or for the benefit of a committee unless the expenditure is reported by the committee as if the expenditure were made directly by the committee. The agent, independent contractor, or advertising agency shall make all information required to be reported available to the committee.

(5) An expenditure may not be made that is in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.

(b) Independent expenditures.

(1) A committee or a person which makes an independent expenditure or electioneering communication of fifty dollars ($50) or more for a written or broadcast communication to voters supporting or opposing

(A)a candidate shall include the following statement: "This advertisement is not authorized or approved by any candidate:"

(B)candidates of a political party shall include the following statement: "This advertisement is not authorized or approved by any political party:" or

(C)a ballot measure or ballot measures shall include the following statement: "This advertisement is not authorized or approved by any ballot measure committee."

(2) The statement for a written communication shall:

(A)appear on each page or fold of the written communication in at least ten (10) point type or in type at least ten percent (10%) of the largest size type used in a written communication directed at more than one voter, such as a billboard or poster, whichever is larger;

(B)not be subject to the half-tone or screening process; and

(C)be in a printed or drawn box set apart from any other printed matter.

(3) The statement for a broadcast communication shall:

(A)be clearly spoken on any radio broadcast advertisement; and

(B)appear on a television screen with letters equal to or greater than four percent (4%) of the vertical picture height for not less than four seconds.

(4) The requirements of this subsection do not apply to bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed nor to skywriting, water towers or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impracticable.

(c) Independent expenditures and electioneering communications in the name of another prohibited. No person shall make an independent expenditure or disbursement for an electioneering communication in the name of another person or knowingly permit his, her or its name to be used to effect such an independent expenditure or electioneering communication, and no person shall knowingly accept a payment or promise of a payment for an independent expenditure or electioneering communication from one person in the name of another person.

Amended Laws 1995. Amended Laws 1999. Amended Laws 2005.

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Rule 257:10-1-7. Expenditures.