As used in this part:

1. (1)

   1. (A) “Approved political action committee” means any person that:

      1. (i) Receives contributions from one (1) or more persons in order to make contributions to:

         1. (a) (a) Candidates;
         2. (b) (b) Ballot question committees;
      2. (c) (c) Legislative question committees;

      3. (d) (d) Political parties;

         1. (e) (e) County political party committees; or
         2. (f) (f) Other political action committees;
      4. (ii) Does not accept any contribution or cumulative contributions in excess of ten thousand dollars ($10,000) from any person in any calendar year; and
      5. (iii) Has registered pursuant to Arkansas Code § 7‑6‑215 prior to making contributions.

   2. (B) “Approved political action committee” does not include:

      1. (i) Political parties;
      2. (ii) County political party committees;
      3. (iii) The candidate’s own campaign committee;
      4. (iv) Exploratory committees;
      5. (v) Ballot question committees; or
      6. (vi) Legislative question committees;
2. (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. (3) “Constitutional office” means the offices of:

   1. (A) Governor;
   2. (B) Lieutenant Governor;
   3. (C) Auditor of State;
   4. (D) Treasurer of State;
   5. (E) Secretary of State;
   6. (F) Commissioner of State Lands;
   7. (G) Attorney General;
   8. (H) The General Assembly;
   9. (I) Justice of the Supreme Court;
   10. (J) Judge of the Court of Appeals;
   11. (K) Circuit judge; and
   12. (L) District judge;

4. (4)

   1. (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.

   2. (B)

      1. (i) “Contribution” includes:

         1. (a) (a) The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;
         2. (b) (b) The granting of discounts or rebates by television stations, radio stations, and newspapers not extended on an equal basis to all candidates for the same office; and
      2. (c) (c) 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 part.
      3. (ii) The term “contribution” further includes any transfer of anything of value received by a committee from another committee.
      4. (iii) “Contribution” shall not include noncompensated, nonreimbursed, volunteer personal services or travel.
   3. (C) “Contribution and expenditure” shall not include activity sponsored and funded by a political party that meets the definition of political party under Arkansas Code § 7‑1‑101 or the requirements of Arkansas Code § 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;

5. (5) “County political party committee” means a person that:

   1. (A) Is organized at the county level for the purpose of supporting its affiliate party and making contributions;
   2. (B) Is recognized by an organized political party, as defined in Arkansas Code § 7‑1‑101, as being affiliated with that political party;

   3. (C) Receives contributions from one (1) or more persons in order to make contributions to:

      1. (i) Candidates;
      2. (ii) Ballot question committees;
      3. (iii) Legislative question committees;
      4. (iv) Political parties;
      5. (v) Political action committees; or
      6. (vi) Other county political party committees;
   4. (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
   5. (E) Registers pursuant to Arkansas Code § 7‑6‑226 prior to making contributions;

6. (6)

   1. (A) “Election” means each election to be held to nominate or elect a candidate to any public office, including school elections.
   2. (B) For the purposes of this part, a preferential primary election, a general primary election, a runoff election, a special election, and a general election shall each constitute a separate election;

7. (7)

   1. (A) “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.
   2. (B) “Contribution and expenditure” shall not include activity sponsored and funded by a political party that meets the definition of political party under Arkansas Code § 7‑1‑101 or the requirements of Arkansas Code § 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;

8. (8)

   1. (A) “Exploratory committee” means a person who receives contributions that are held to be transferred to the campaign of a single candidate in an election.

   2. (B) “Exploratory committee” shall not include:

      1. (i) A political party that meets the definition of a political party under Arkansas Code § 7‑1‑101 or the requirements of Arkansas Code § 7‑7‑205; or
      2. (ii) The candidate’s own campaign committee.
   3. (C) For a more detailed description of an exploratory committee and its duties, see 7 CAR §§ 3-152 – 3-153;

9. (9)

   1. (A) “Fair market value” means the price the good or service would bring between a willing seller and a willing buyer in the open market after negotiations.
   2. (B) See Minerva Enterprises, Inc. v. Howlett, 308 Ark. 291, 824 S.W.2d 377 (1992);

10. (10) “Family” means:

    1. (A) An individual’s spouse;
    2. (B) Children of that individual or his or her spouse; or
    3. (C) Brothers, sisters, or parents of the individual or his or her spouse;
11. (11) “Financial institution” means any commercial bank, savings and loan, mutual savings bank or savings bank, credit union, insurance company, brokerage house, or any corporation that is in the business of lending money and that is subject to state rule or federal regulation;
12. (12) “Guarantor” means a person who makes a guaranty for a debt, the liability for which does not begin until the principal debtor is in default;

13. (13) “Independent expenditure” means any expenditure that is:

    1. (A) Not a contribution and expressly advocates the election or defeat of a clearly identified candidate for office;
    2. (B) Made without arrangement, cooperation, or consultation between any candidate or any authorized committee or agent of the candidate and the person making the expenditure or any authorized agent of that person; and
    3. (C) Not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate;
14. (14) “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 Arkansas Code § 7‑6‑227 prior to making expenditures;
15. (15) “Individual” means a human being;

16. (16)

    1. (A) “In-kind contribution” means a contribution of goods, services, or any other thing of value, or its use, other than money and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make such a contribution in the future.
    2. (B) The term does not include direct campaign contributions.
    3. (C) For a more detailed discussion of in-kind contributions, see 7 CAR § 3-106;

17. (17)

    1. (A) “Legislative caucus committee” means a person that:

       1. (i) Is composed exclusively of members of the General Assembly;
       2. (ii) Elects or appoints officers and recognizes identified legislators as members of the organization; and
       3. (iii) Exists for research and other support of policy development and interests that the membership hold in common.

    2. (B) A “legislative caucus committee” includes, but is not limited to, a political party caucus of the:

       1. (i) General Assembly;
       2. (ii) Senate; or
       3. (iii) House of Representatives.
    3. (C) An organization whose only nonlegislator members are the Lieutenant Governor or the Governor is a legislative caucus committee under this part;

18. (18)

    1. (A) “Nonpartisan candidate” means a candidate for the office of:

       1. (i) Justice of the Supreme Court;
       2. (ii) Judge of the Court of Appeals;
       3. (iii) Circuit judge;
       4. (iv) District judge; or
       5. (v) Prosecuting attorney.
    2. (B) “Nonpartisan candidate” does not include a candidate for nonpartisan municipal office;

19. (19)

    1. (A) “Person” means any:

       1. (i) Individual;
       2. (ii) Proprietorship;
       3. (iii) Firm;
       4. (iv) Partnership;
       5. (v) Joint venture;
       6. (vi) Syndicate;
       7. (vii) Labor union;
       8. (viii) Business trust;
       9. (ix) Company;
       10. (x) Corporation;
       11. (xi) Association;
       12. (xii) Committee; or
       13. (xiii) Other organization or group of persons acting in concert.

    2. (B) It shall also include:

       1. (i) A political party that meets the definition of political party under Arkansas Code § 7‑1‑101 or the requirements of Arkansas Code § 7‑7‑205;
       2. (ii) County political party committees; and
       3. (iii) Legislative caucus committees;

20. (20)

    1. (A) “Political party” means any group of voters that:

       1. (i) At the last-preceding general election, polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office; or
       2. (ii) Has filed a petition with the Secretary of State containing at the time of filing the signatures of at least ten thousand (10,000) registered voters in the State of Arkansas, declaring the intention of organizing a political party, the name of which shall be stated in the declaration, and of participating in the next general election, and which has been declared a new political party by the Secretary of State.
    2. (B) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the Office of Governor or nominees for presidential electors, it shall cease to be a political party;

21. (21)

    1. (A) "Printed campaign materials" means:

       1. (i) Literature mailed to an elector that is intended to or calculated to influence the vote of an elector in an election in this state, including without limitation:

          1. (a) (a) Signs;
          2. (b) (b) Banners;
       2. (c) (c) Flyers; and
       3. (d) (d) Pamphlets; and
       4. (ii) Yard signs and push cards intended to or calculated to influence the vote of an elector in an election in this state.

    2. (B) "Printed campaign materials" does not mean political paraphernalia, including without limitation:

       1. (i) Stickers;
       2. (ii) Buttons;
       3. (iii) Pens;
       4. (iv) T-shirts;
       5. (v) Nail files; or
       6. (vi) Other similar trinkets;

22. (22)

    1. (A) “Prohibited political action committee” means any person who 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 who does not meet the requirements of an approved political action committee.

    2. (B) “Prohibited political action committee” shall not include:

       1. (i) A political party that meets the definition of political party under Arkansas Code § 7‑1‑101 or the requirements of Arkansas Code § 7‑7‑205;
       2. (ii) The candidate’s own campaign committee;
       3. (iii) A county political party committee;
       4. (iv) An exploratory committee; or
       5. (v) A ballot or legislative question committee;
23. (23) “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;
24. (24) “Public trust crime” means a crime prohibited under Arkansas Constitution, Article 5, § 9;

25. (25)

    1. (A) “Remaining campaign funds” means any balance of campaign funds over expenses incurred as of the day of the election except for:

       1. (i) Any funds required to repay loans made by the candidate from his or her personal funds to the campaign; or
       2. (ii) To repay loans made by financial institutions to the candidate and applied to the campaign.

    2. (B) “Remaining campaign funds” does not include campaign signs, campaign literature, and other printed materials that were:

       1. (i) Purchased by the campaign;
       2. (ii) Reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and
       3. (iii) Retained for use in a future campaign by the same candidate; and

26. (26)

    1. (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.

    2. (B) In the case of a contribution by credit card or debit card, “written instrument” includes without limitation:

       1. (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:

          1. (a) (a) Valid name;
          2. (b) (b) Complete address;
       2. (c) (c) Place of business;

       3. (d) (d) Employer; and

          1. (e) (e) Occupation; or

       4. (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:

          1. (a) (a) Valid name;
          2. (b) (b) Complete address;
       5. (c) (c) Place of business;

       6. (d) (d) Employer; and

          1. (e) (e) Occupation.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: A footnote to 7 CAR § 3-101(1) cited "1 Ark. Code Ann. § 7-6-201(1)". A footnote to 7 CAR § 3-101(2) cited "2 Ark. Code Ann. § 7-6-201(2)". A footnote to 7 CAR § 3-101(4)(B) cited "3 Ark. Code Ann. § 7-6-201(4)". A footnote to 7 CAR § 3-101(4)(C) cited "4 Ark. Code Ann. § 7-6-201(5)". A footnote to 7 CAR § 3-101(5) cited "5 Ark. Code Ann. § 7-6-201(6)". A footnote to 7 CAR § 3-101(6) cited "6 Ark. Code Ann. § 7-6-201(7)". A footnote to 7 CAR § 3-101(7)(A) cited "7 Ark. Code Ann. § 7-6-201(8)". A footnote to 7 CAR § 3-101(7)(B) cited "8 Ark. Code Ann. § 7-6-201(5)". A footnote to 7 CAR § 3-101(8)(B) cited "9 Ark. Code Ann. § 7-6-201(9)". A footnote to 7 CAR § 3-101(11) cited "10 Ark. Code Ann. § 7-6-201(10)". A footnote to 7 CAR § 3-101(13) cited "11 Ark. Code Ann. § 7-6 201(11)". A footnote to 7 CAR § 3-101(14) cited "12 Ark. Code Ann. § 7-6-201(12)". A footnote to 7 CAR § 3-101(17) cited "13 Ark. Code Ann. § 7-6-201(13)". A footnote to 7 CAR § 3-101(18) cited "14 Ark. Code Ann. § 7-1-101". A footnote to 7 CAR § 3-101(19) cited "15 Ark. Code Ann. § 7-6-201(14)". A footnote to 7 CAR § 3-101(20)(B) cited "16 Ark. Code Ann. § 7-1-101, Ark. Code Ann. § 7-7-205". A footnote to 7 CAR § 3-101(22) cited "17 Ark. Code Ann. § 7-6-201(15)". A footnote to 7 CAR § 3-101(23) cited "18 Ark. Code Ann. § 7-6-201(16)". A footnote to 7 CAR § 3-101(25)(B) cited "19 Ark. Code Ann. § 7-6-201(17)". A footnote to 7 CAR § 3-101(26) cited "20 Ark. Code Ann. § 7-6-201(18)".