(a)
- (1) In addition to the other exceptions noted in this part, the value of volunteer services provided without compensation do not constitute an in-kind contribution.
- (2) Accordingly, an individual may volunteer any personal service provided he or she is not compensated for the service by any other individual or person.
- (3) This applies both to manual tasks (i.e., stuffing envelopes, answering telephones, etc.) and to specialized services (i.e., services provided by musicians, accountants, etc.).
- (4) Whether a contribution has occurred depends upon whether the work performed is considered volunteer services.
(5)
- (A) Whether time is spent on a volunteer basis depends upon whether the services are rendered during time that is the individual's own time to spend as he or she sees fit.
- (B) If services are rendered after working hours, they will typically be viewed as exempted volunteer services.
(b)
- (1) In accordance with subsection (a) of this section, certain professional services, such as legal and accounting services, that typically have fees associated with them may be provided to a candidate on a volunteer basis, provided the need for the services arises from the campaign.
- (2) For example, accounting or bookkeeping services involved with handling the candidate's campaign financing may be provided to a candidate on a volunteer basis and will not count as an in-kind contribution even if no fees are charged.
(c)
- (1) An individual may use his or her home or the recreational room of his or her residential complex for a candidate and/or party-related activities, and such use will not be deemed a contribution.
- (2) Any nominal fee charged for the use of the room is not considered a contribution.
(3)
- (A) An individual may buy food, beverage, and invitations used in connection with a candidate or party-related activity conducted in his or her home or the recreational room of his or her residential complex and such expenses will not be considered an in-kind contribution, provided the expenditures do not exceed one thousand dollars ($1,000) per candidate per election.
- (B) Any amounts over one thousand dollars ($1,000) would need to be duly reported as an in-kind contribution.
- (d) An individual may volunteer and obtain the use of a church or community center room for a candidate or party-related activities without incurring an in-kind contribution, provided the room is used on a regular basis without charge by members of the community without regard to political affiliation and for noncommercial purposes.
- (e) An individual may spend a reasonable amount for his or her normal living expenses incurred while engaging in volunteer activity.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: A footnote to 7 CAR § 3-107(b)(2) cited "35 Arkansas Ethics Commission Opinion No. 96-EC-005". A footnote to 7 CAR § 3-107(c)(3) following the phrase "and invitations" cited "36 This exemption does not cover the cost of mailing invitations, only the cost of printing invitations".