6.1701 Definitions.

Cite as [A.S.C.A. § 6.1701 ]

As used in this chapter, the following definitions apply:

(a) “Advertisement” means:

(1) any communication exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidate which identifies a candidate directly or by implication or which advocates or supports the nomination for election, or election of the candidate or advocate or supports his defeat; and

(2) any communication exclusive of bumper stickers or other sundry items paid for by or on behalf of a committee which identifies an issue or question which appears or is reasonably certain to appear on the ballot at the next applicable election or which advocates or supports the passage or defeat of the question or issue.

(b) “Campaign treasurer” means a person appointed under 6.1708, and, unless expressly indicated otherwise, includes deputy campaign treasurers.

(c) “Candidate” means an individual who seeks nomination to election, or election, to the Office of the Governor or Lieutenant Governor, or member of the House of Representatives. An individual is a candidate if he does any of the following:

(1) files nomination papers for an office for himself with the Chief Election Officer’s office; or

(2) receives contributions in an aggregate amount of more than $100, or makes or incurs any expenditures to bring about his nomination for election, or election to office; provided, that in no event shall a person be considered a candidate by reason of the provisions set forth in paragraphs (2) and (3) prior to 1 July of the year that person runs for election; or

(3) gives his consent for any other person to receive contributions or make expenditures to aid his nomination for election, or elections, to office.

(d) “Commission” means the Campaign Spending Commission.

(e) “Committee” means:

(1) any person who accepts a contribution or makes an expenditure for or against any candidate, person seeking nomination for election, or election, to office, or party, or who accepts a contribution or makes an expenditure for or against any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election;

(2) any person who raises or holds money or anything of value and who subsequently contributes the money or thing of value to, or makes expenditures in behalf of a candidate, person, or party; provided, that the term “committee” shall not include any person making a contribution or expenditure of his own funds or thing of value, which he originally acquired for his own use and not for the purpose of evading any provision of this chapter.

(f) “Contribution” means:

(1) a gift, subscription, loan, advance, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to testimonial or fund-raising affairs, for the purpose of:

(A) influencing the nomination for election, or election, of any person to office; or

(B) influencing the outcome of any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election ; or

(C) use by any party for the purposes set out in subparagraph (A) or (B);

(2) the payment, by any person other than a candidate or committee, of compensation for the personal services of another person which are rendered to the candidate or committee without charge or at an unreasonably low charge; or

(3) a contract, promise, or agreement to make a contribution; provided, that notwithstanding paragraphs (1), (2) and (3), the term shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals or in behalf of a candidate or committee.

(g) “Election” means any election for office or for determining a question or issue provided by law or ordinance.

(h) “Expenditure” means:

(1) any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:

(A) influencing the nomination for election, or election, to office whether or not the person has filed his nomination papers; or

(B) influencing the outcome of any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election; or

(C) use by any party for the purposes set out in subparagraph (A) or (B) above;

(2) the payment, by any person other than a candidate or committee, of compensation for the personal services of another person which are rendered to the candidate or committee for any of the purposes mentioned in subparagraph (A), (B) or (C) above; or

(3) the expenditure by a candidate of his own funds for the purposes set out in subparagraph (A), (B) and (C) above.

(i) “House bulletin” means a communication sponsored by any person in the regular course of publication for limited distribution primarily to its employees or members.

(j) “Newspaper” means a publication of general distribution in the territory issued once or more per month which is written and published in the Territory.

(k) “Office” means any elective public or constitutional office.

(l) “Person” means an individual, partnership, committee, association, corporation, or labor union and its auxiliary committees.

History: 1977, PL 15-32 § 1; amd 1980, PL 16-72 § 9.

Amendments: 1980 Subsection (C): amended to add “of the Governor or Lieutenant Governor or Member of the House of Representatives.