7 CAR § 3-103 – Prohibited contributions

(a)
1. (1) A candidate or a person acting on a candidate’s behalf shall not accept any contribution from a prohibited political action committee.
2. (2) A prohibited political action committee shall not make any contribution to a candidate in an election.
(b) No contribution shall be made to a candidate, an approved political action committee, a county political party committee, an independent expenditure committee, an exploratory committee, or a political party unless such contribution is made directly to the intended recipient, provided that it shall be permissible to make a contribution to a candidate’s campaign committee instead of directly to the candidate.
(c) No contribution shall be made to or knowingly accepted by a candidate or his or her campaign committee, an approved political action committee, a county political party committee, an independent expenditure committee, an exploratory committee, or a political party unless the contribution is made in the name by which the person providing the funds for the contribution is identified for legal purposes.
(d)
1. (1) No person shall make an anonymous contribution in support of or opposition to a candidate or campaign committee totaling fifty dollars ($50.00) or more in a calendar year.
2. (2)
  1. (A) The intended recipient shall not keep an anonymous contribution of fifty dollars ($50.00) or more.
  2. (B) The recipient shall promptly pay that contribution to the Secretary of State of Arkansas for deposit in the State Treasury as general revenues.
(e) Whenever any person provides his or her dependent child with funds and the child uses those funds to make a contribution to a candidate, the contribution shall be attributed to such person for purposes of applying the individual contribution limit.
(f) Campaign contributions may not be made by individuals who are not citizens of the United States of America or by any other entity that:
1. (1) Is not organized, existing, or created under the laws of the United States or of any state or other place subject to the jurisdiction of the United States; and
2. (2) Does not have its principal place of business in the United States.
(g)
1. (1) It shall be unlawful for a candidate for public office or for any person acting on the candidate’s behalf to accept campaign contributions in excess of the campaign contribution maximum amount per election from:
  1. (A) An individual;
  2. (B) A political party;
  3. (C) A county political party committee;
  4. (D) A legislative caucus committee; or
  5. (E) An approved political action committee.
2. (2) It shall be unlawful for a candidate for public office or for any person acting on the candidate’s behalf to accept a campaign contribution from a prospective contributor other than:
  1. (A) An individual;
  2. (B) A political party;
  3. (C) A county political party committee;
  4. (D) A legislative caucus committee; or
  5. (E) An approved political action committee.
(h)
1. (1) For all elections taking place on or before January 1, 2023, it shall be unlawful for an individual, political party, county political party committee, legislative caucus committee, or approved political action committee to make a contribution to a candidate for public office or to any person acting on the candidate’s behalf that in the aggregate exceeds the campaign contribution maximum amount per election.
2. (2)
  1. (A)
(i) For all elections taking place after January 1, 2023, it shall be unlawful for any person to make a contribution to a candidate for any public office or to any person acting on the candidate's behalf that in the aggregate amount exceeds the maximum campaign contribution level established by rule of the Arkansas Ethics Commission.
1. (ii) Please refer to Campaign Contribution Limit, 7 CAR pt. 2, for the current campaign contribution limit.
  1. (B) The total aggregate amount per election is based on the total contributions made to a candidate by a donor during an election regardless of which office or offices the candidate is seeking, and the aggregate amount during an election applies even if a candidate:
    1. (i) Seeks more than one (1) office during the election; or
    2. (ii) Concludes a campaign or otherwise withdraws from the election.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: A footnote to 7 CAR § 3-103(a) cited "21 Ark. Code Ann. § 7-6-203(d)(2)". A footnote to 7 CAR § 3-103(b) cited "22 Ark. Code Ann. § 7-6-205(a)". A footnote to 7 CAR § 3-103(c) cited "23 Ark. Code Ann. § 7-6-205(b)". A footnote to 7 CAR § 3-103(d) cited "24 Ark. Code Ann. § 7-6-205(c)". A footnote to 7 CAR § 3-103(e) cited "25 Ark. Code Ann. § 7-6-205(d)". A footnote to 7 CAR § 3-103(f) cited "26 Ark. Code Ann. § 7-6-205(e)". A footnote to 7 CAR § 3-103(g) cited "27 Ark. Code Ann. § 7-6-203(a)". A footnote to 7 CAR § 3-103(h) cited "28 Ark. Code Ann. § 7-6-203(b)".