(a)
- (1) For all candidates for state or district office, including district judge, the candidate or any person acting on the candidate’s behalf shall comply with the filings required by this part beginning with the first reporting period, either quarterly, monthly, or preelection, in which his or her total contributions or expenditures exceed five hundred dollars ($500).
(2)
- (A) The payment of a filing fee from the candidate’s personal funds must be reported as either a loan or a contribution to the campaign and also as a campaign expenditure, but such payment shall not be counted towards the five hundred-dollar reporting trigger.
- (B) See 7 CAR § 3-139(b).
(b) Except as provided in 7 CAR § 3-139 and Arkansas Code § 7‑6‑207(c), each candidate for state or district office, including district judge, or a person acting on the candidate’s behalf, shall file with the Secretary of State the following Contribution and Expenditure Reports:
(1)
- (A) For each quarter during a calendar year in which a candidate is not listed on any ballot for election, a quarterly report of all contributions received, with loans stated separately, and expenditures made during that quarter.
- (B) The quarterly report shall be filed no later than fifteen (15) days after the end of each quarter.
- (C) However, if a candidate files for office during the party filing period, for the quarter including the party filing period the candidate shall file monthly reports under subdivision (b)(2) of this section and Arkansas Code § 7‑6‑207(e) for the months of the quarter that include the party filing period;
(2)
- (A) Beginning with the month of January of a calendar year in which a candidate may be listed on any ballot for election, a monthly report of all contributions received, with loans stated separately, and expenditures made during that month.
- (B) However, for any month in which certain days of that month are included in a preelection report required under subdivision (b)(3) of this section and Arkansas Code § 7‑6‑207(a)(1)(C) or a final report required under subdivision (b)(4) of this section and Arkansas Code § 7‑6‑207(a)(1)(D), no monthly report for that month shall be due.
- (C) In the case of a primary or runoff election, those days of the month occurring after the date of such election shall be carried forward and included in the next monthly report.
- (D) The monthly report shall be filed no later than twenty (20) days after the end of each month.
- (E) With respect to a special election, the candidate shall file monthly reports beginning with the month in which the special election candidate’s total campaign contributions or expenditures exceed five hundred dollars ($500);
(3)
- (A) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate’s name appears on the ballot, a candidate must file a preelection report of all contributions received, with loans stated separately, and expenditures made between the period covered by the previous report and the period ten (10) days before the election.
- (B) In case of a runoff election, the report shall cover all contributions received and expenditures made during the period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election;
(4)
- (A) No later than the last day of the month after the end of the month in which the candidate’s name has appeared on the ballot in any primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, a final report of all contributions received, with loans stated separately, and expenditures made for that election that have not been disclosed on reports previously required to be filed.
- (B) The final report closes out the handling of the financing for the particular election (e.g., primary) and the balance, if any, shall be brought forward to the first monthly report for the next election (e.g., general).
- (C) A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500);
(5)
- (A)
(i) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received, with loans stated separately, and expenditures made that have not been disclosed on reports previously required to be filed.
(ii) Moreover, if a candidate withdraws from the campaign, the candidate shall notify the Secretary of State in writing of the withdrawal.
(B)
- (i) If a candidate keeps remaining campaign funds after an election, but does not have any activity before the end of the year, the candidate shall not be required to file a fourth quarter report.
- (ii) If a candidate keeps remaining campaign funds and raises campaign funds for a future campaign, or expends campaign funds for office holder expenses or a future election, the candidate shall continue filing the reports required by this subsection; and
(6) If a candidate files for office during the party filing period, for the quarter including the party filing period the candidate shall:
- (A) File monthly reports under subdivision (b)(2) of this section for the months of the quarter that includes the party filing period; and
(B) Not file a quarterly report under subdivision (b)(1) of this section for the quarter that includes the party filing period.
- (c)
- (1) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due.
- (2) The Arkansas Ethics Commission shall approve the format used by the Secretary of State for the filing of campaign contribution and expenditure reports in electronic form under subdivision (c)(1) of this section to ensure that all required information is requested.
(3) The official website of the Secretary of State shall allow for searches of campaign contribution and expenditure report information filed in electronic form under subdivision (c)(1) of this section.
- (d) A candidate required to file campaign contribution and expenditure reports in electronic form under subsection (c) of this section may file reports in paper form under this section.
(e)
- (1) A candidate filing reports in paper form under subsection (d) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State.
- (2) The Secretary of State shall not accept a report in paper form under subdivision (d) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle.
(f)
(1) The Secretary of State shall make available to candidates wishing to file reports in paper form under this section:
- (A) Information on the deadlines for filing required reports; and
(B)
- (i) Appropriate forms and instructions for complying with the deadlines.
- (ii) The commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested.
- (2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.
(g)
(1)
- (A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due.
- (B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.
- (2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of facsimile transmission.
(h) The Secretary of State shall make available campaign reports submitted in paper form, and affidavits accompanying reports filed in paper form, on a portion of the official website of the Secretary of State.
- (i)
(1) For each financial institution the candidate and committee working on the candidate's behalf use for the purposes of receiving contributions or making expenditures within this state, the following information shall be submitted to the Secretary of State with the initial report filed under this section:
- (A) The full name of the financial institution; and
(B) For the financial institution, the:
- (i) Street address;
- (ii) City;
- (iii) State; and
- (iv) United States postal zip code of the financial institution.
(2) The information disclosed under subdivision (i)(1) of this section:
- (A) Shall be made available to the commission upon request;
- (B) Is not a public record; and
- (C) Is exempt from disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.