Section 28. Contributions

Contributions

(a)
(1) It is unlawful for a candidate for public office or a person acting on the candidate’s behalf to:
(A) Accept a contribution from other than:
(i) An individual;
(ii) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;
(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee; or
(B) Accept a contribution in excess of the maximum amount allowed by law per election from:
(i) An individual;
(ii) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;
(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee.
(2) A candidate may accept a contribution or contributions up to the maximum amount allowed by law from a prospective contributor for each election, whether opposed or unopposed.

(b)
(1) It is unlawful for an individual, a political party that meets the definition of a political party under Arkansas Code § 7-1-101, a political party that meets the requirements of Arkansas Code § 7-7-205, a county political party committee, a legislative caucus committee, or an approved political action committee to make a contribution to a candidate for public office, or to a person acting on the candidate’s behalf, that in the aggregate exceeds the maximum amount allowed by law.
(2) The following entities may make a contribution or contributions up to the maximum amount allowed by law to a candidate, whether opposed or unopposed, for each election:
(A) An individual;
(B) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;
(C) A political party that meets the requirements of Arkansas Code § 7-7-205;
(D) A county political party committee;
(E) A legislative caucus committee; or
(F) An approved political action committee.

(c) As used in this section:
(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 a candidate, ballot question committee, legislative question committee, political party, county political party committee, or other political action committee;
(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 Arkansas Code § 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 an 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) “Contribution” or “contributions” 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” or “contributions” 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 Arkansas law.
(ii) “Contribution” or “contributions” further includes any transfer of anything of value received by a committee from another committee.
(C) “Contribution” or “contributions” does not include noncompensated, nonreimbursed, volunteer personal services or travel;
(4) “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 Arkansas Code § 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 a candidate, ballot question committee, legislative question committee, political party, political action committee, or other county political party committee;
(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 Arkansas Code § 7-6-226 prior to making contributions;
(5)
(A) “Election” means each election held to nominate or elect a candidate to any public office, including school elections.
(B) For the purposes of this section, a preferential primary, a general primary, a special election, and a general election shall each constitute a separate election;
(6) “Expenditure” or “expenditures” 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;
(7)
(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” does not include:
(i) A political party:
(a) That meets the definition of a political party under Arkansas Code § 7-1-101; or
(b) A political party that meets the requirements of Arkansas Code § 7-7-205; or
(ii) The candidate’s own campaign committee;
(8)
(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 members are the Lieutenant Governor or the Governor is a “legislative caucus committee” for the purposes of this section;
(9)
(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” includes:
(i) A political party that meets the definition of a political party under Arkansas Code § 7-1-101 or a political party that meets the requirements of Arkansas Code § 7-7-205;
(ii) A county political party committee; and
(iii) A legislative caucus committee; and
(10) “Public office” means an 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.

(d)
(1) A person who knowingly violates this section is guilty of a Class A misdemeanor.
(2) In addition to the penalty under subdivision (d)(1) of this section, the General Assembly shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:
(A) Promulgating reasonable rules to implement and administer this section as necessary;
(B) Issuing advisory opinions and guidelines on the requirements of this section; and
(C) Investigating complaints of alleged violations of this section and rendering findings and disciplinary action for such complaints.
(e)
(1)
(A) Except as provided in subdivision (e)(1)(B) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend this section so long as such amendments are germane to this section and consistent with its policy and purposes.
(B) The General Assembly may amend subsection (d) of this section by a majority vote of each house.
(2)
(A) If an act of the General Assembly amends this section, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, make the following revisions to the act so long as the revisions do not change the substance or meaning of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
(vii) Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are merely repetitions of written words or vice versa for purposes of uniformity and style;
(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B)
(i) If more than one (1) act amending this section is enacted by the General Assembly during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section as necessary so that all of the enactments shall be given effect, including without limitation renumbering, redesignating, and rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable conflict with one (1) or more other acts amending this section enacted during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section so that the conflicting provision of the last enactment prevails.
(3) If the Arkansas Code Revision Commission makes revisions under subdivision (e)(2) of this section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (e)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision (e)(2) of this section.