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Arkansas General Assembly· HB 1243Notification that HB1243 is now Act 994

An act TO AMEND THE LAW CONCERNING CAMPAIGN FINANCE, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H2/4/25 H3/18/25 S4/7/25

2 95th General Assembly       A Bill

3 Regular Session, 2025                                            HOUSE BILL 1243

4

5 By: Representatives Underwood, Long, Rose, McAlindon

6 By: Senator C. Penzo

7

8                        For An Act To Be Entitled

9            AN ACT TO AMEND THE LAW CONCERNING CAMPAIGN FINANCE;

10           TO AMEND THE LAW CONCERNING CAMPAIGN CONTRIBUTIONS

11           AND EXPENDITURES; TO AMEND REPORTING FOR CANDIDATES

12           FOR SCHOOL DISTRICT, TOWNSHIP, OR MUNICIPAL OFFICE;

13           TO AMEND REPORTING FOR CANDIDATES FOR COUNTY OFFICE;

14           TO AMEND PORTIONS OF INITIATED ACT 1 OF 1996; AND FOR

15           OTHER PURPOSES.

16

17

18                            Subtitle

19                       TO INCREASE TRANSPARENCY REGARDING

20                       CAMPAIGN CONTRIBUTIONS AND EXPENDITURES;

21                       TO AMEND CAMPAIGN FINANCE REPORTING AND

22                       PROTECT ELECTION INTEGRITY; AND TO AMEND

23                       PORTIONS OF INITIATED ACT 1 OF 1996.

24

25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

26

27  SECTION 1. Arkansas Code � 7-6-208(a), concerning reports of

28 contributions for candidates for school district, township, or municipal

29 office and resulting from Initiated Act 1 of 1996, is amended to read as

30 follows:

31  (a)(1) Reports required. Except as provided in subsection (d) of this

32 section, each candidate for school district, township, or municipal office,

33 or a person acting in the candidate's behalf, shall file with the Secretary

34 of State in an election year for the office that the candidate is seeking:

35           (1)(A) For each year in which a candidate is not listed on a

36 ballot for election, file an annual report of all contributions received and

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                HB1243

1 expenditures made during that year.

2           (B) The annual report shall be filed no later than fifteen

3 (15) days after the end of the year;

4           (2) No later than seven (7) days prior to any preferential

5 primary election, runoff election, general election, school election, or

6 special election in which the candidate's name appears on the ballot, file a

7 preelection report of all contributions received and expenditures made

8 between the period covered by the previous report, if any, and the period ten

9 (10) days before the election. In case of a runoff election, the report shall

10 cover all contributions received and expenditures made during that period of

11 time that begins after the date of the election from which the runoff arose

12 and ends ten (10) days before the runoff election;

13          (3) No later than thirty (30) days after the end of the month in

14 which the candidate's name has appeared on the ballot in any preferential

15 primary election, runoff election, general election, school election, or

16 special election, or when only one (1) candidate qualifies for a particular

17 office or position and no position or name of an unopposed candidate shall

18 appear on a ballot, file a final report of all contributions received and

19 expenditures made that have not been disclosed on reports previously required

20 to be filed. A final report is required regardless of whether a candidate has

21 received contributions or made expenditures in excess of five hundred dollars

22 ($500);

23          (4) File supplemental reports of all contributions received and

24 expenditures made after the date of preparation of the final report. The

25 supplemental reports shall be filed within thirty (30) days after the receipt

26 of a contribution or the making of an expenditure;

27          (5)(A) No later than thirty (30) days after the end of the month

28 in which the candidate has withdrawn, file a final report of all

29 contributions received and expenditures made that have not been disclosed on

30 reports previously required to be filed.

31          (B) If a candidate withdraws from the campaign, the

32 candidate shall notify the county clerk in writing of the withdrawal; and

33          (6) If a candidate keeps remaining campaign funds after an

34 election, the candidate shall continue filing the reports required by this

35 subsection (A)(i) A monthly report of all contributions received and

36 expenditures made during each month beginning with the month of January of a

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                  HB1243

1 calendar year in which a candidate may be listed on a ballot for election.

2                          (ii) A monthly report shall not be due under this

3 subdivision (a)(1)(A) for a month in which certain days of that month are

4 included in a preelection report required under subdivision (a)(1)(B) of this

5 section or a final report required under subdivision (a)(1)(C) of this

6 section.

7                          (iii) In the case of a primary or runoff election,

8 those days of the month occurring after the date of the election shall be

9 carried forward and included in the next monthly report required under this

10 subdivision (a)(1)(A).

11                         (iv) The monthly report shall be filed no later than

12 twenty (20) days after the end of each month, except that the final report

13 shall be filed as required in subdivision (a)(1)(C)(i) of this section;

14          (B)(i) No later than seven (7) days before a preferential

15 primary election, runoff election, general election, school election, or

16 special election in which the candidate's name appears on the ballot, a

17 preelection report of all contributions received and expenditures made

18 between the period covered by the previous report and the period ten (10)

19 days before the election.

20                         (ii) In case of a runoff election, the preelection

21 report required under this subdivision (a)(1)(B) shall cover all

22 contributions received and expenditures made during that period of time that

23 begins after the date of the election from which the runoff arose and ends

24 ten (10) days before the runoff election;

25          (C)(i) A final report of all contributions received and

26 expenditures made for that election that have not been disclosed on reports

27 previously required to be filed no later than twenty (20) days after the end

28 of the month following the month in which the candidate's name has appeared

29 on the ballot in a primary election, runoff election, general election,

30 school election, or special election or when only one (1) candidate qualifies

31 for a particular office or position and no position or name of an unopposed

32 candidate shall appear on a ballot.

33                         (ii) A final report is required under this

34 subdivision (a)(1)(C) whether or not a candidate has received contributions

35 or made expenditures in excess of five hundred dollars ($500); and

36          (D)(i) A final report of all contributions received and

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                 HB1243

1 expenditures made that have not been disclosed on reports previously required

2 to be filed.

3                        (ii) The final report under this subdivision

4 (a)(1)(D) shall be filed no later than thirty (30) days after the end of the

5 month in which the candidate has withdrawn.

6                        (iii) If a candidate withdraws from the campaign,

7 the candidate shall notify the Secretary of State in writing of the

8 withdrawal.

9              (2)(A) A candidate shall not be required to file a fourth

10 quarter report under this subsection if the candidate keeps remaining

11 campaign funds after an election but does not have any activity before the

12 end of the year.

13                   (B) A candidate shall continue filing the reports required

14 by this subsection if the candidate keeps remaining campaign funds and raises

15 campaign funds for a future campaign or expends campaign funds for office

16 holder expenses or a future election.

17             (3) Except as provided in subsection (d) of this section, in a

18 year for which there is no election for the office that the candidate is

19 seeking, each candidate for school district, township, or municipal office,

20 or a person acting in the candidate's behalf, shall file with the Secretary

21 of State no later than December 31 an annual report of all contributions

22 received and expenditures made for the year.

23

24 SECTION 2. Arkansas Code � 7-6-208(d), concerning reports of

25 contributions not required for candidates for school district, township, or

26 municipal office and resulting from Initiated Act 1 of 1996, is amended to

27 read as follows:

28  (d) Reports Not Required.

29             (1) A candidate who has not received contributions or made

30 expenditures in excess of five hundred dollars ($500) shall not be required

31 to file any preelection reports required under subdivision (a)(1) subsection

32 (a) of this section.

33             (2) A candidate who has received contributions or made

34 expenditures in excess of five hundred dollars ($500) but not exceeding five

35 thousand dollars ($5,000) shall only file:

36                   (A) A preelection report required under subdivision

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                 HB1243

1 (a)(1)(B) of this section; and

2                (B) A final report required under subdivision (a)(1)(C) of

3 this section.

4   (3) In calculating the amount of contributions received or

5 expenditures made for purposes of this exception, the payment of the filing

6 fee from the candidate's personal funds shall not be considered as either a

7 contribution or an expenditure.

8   (2)(4) The preelection reports referenced in subdivision (a)(1)

9 subsection (a) of this section are required only for candidates with

10 opponents in those elections.

11

12  SECTION 3. Arkansas Code � 7-6-209(a), concerning reports of

13 contributions for candidates for county office and resulting from Initiated

14 Act 1 of 1996, is amended to read as follows:

15  (a)(1) Reports Required. Except as provided in subsection (d) of this

16 section, each candidate for county office or a person acting in the

17 candidate's behalf shall file with the Secretary of State in an election year

18 for the office that the candidate is seeking:

19  (1)(A) For each year in which a candidate is not listed on a

20 ballot for election, file an annual report of all contributions received and

21 expenditures made during that year.

22               (B) The annual report shall be filed no later than fifteen

23 (15) days after the end of the year;

24  (2) No later than seven (7) days prior to any preferential

25 primary election, runoff election, general election, or special election in

26 which the candidate's name appears on the ballot, file a preelection report

27 of all contributions received and expenditures made between the period

28 covered by the previous report, if any, and the period ten (10) days before

29 the election. In case of a runoff election, the report shall cover all

30 contributions received and expenditures made during that period of time that

31 begins after the date of the election from which the runoff arose and ends

32 ten (10) days before the runoff election;

33  (3) No later than thirty (30) days after the end of the month in

34 which the candidate's name has appeared on the ballot in any preferential

35 primary election, runoff election, general election, or special election, or

36 when only one (1) candidate qualifies for a particular office or position and

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                  HB1243

1 no position or name of an unopposed candidate shall appear on a ballot, file

2 a final report of all contributions received and expenditures made that have

3 not been disclosed on reports previously required to be filed. A final report

4 is required regardless of whether a candidate has received contributions or

5 made expenditures in excess of five hundred dollars ($500);

6            (4) File supplemental reports of all contributions received and

7 expenditures made after the date of preparation of the final report, and the

8 supplemental reports shall be filed within thirty (30) days after the receipt

9 of a contribution or the making of an expenditure;

10           (5)(A) No later than thirty (30) days after the end of the month

11 in which the candidate has withdrawn, a final report of all contributions

12 received and expenditures made that have not been disclosed on reports

13 previously required to be filed.

14           (B) If a candidate withdraws from the campaign, the

15 candidate shall notify the county clerk in writing of the withdrawal; and

16           (6) If a candidate keeps remaining campaign funds after an

17 election, the candidate shall continue filing the reports required by this

18 subsection (A)(i) A monthly report of all contributions received and

19 expenditures made during each month beginning with the month of January of a

20 calendar year in which a candidate may be listed on a ballot for election.

21                         (ii) A monthly report shall not be due under this

22 subdivision (a)(1)(A) for a month in which certain days of that month are

23 included in a preelection report required under subdivision (a)(1)(B) of this

24 section or a final report required under subdivision (a)(1)(C) of this

25 section.

26                         (iii) In the case of a primary or runoff election,

27 those days of the month occurring after the date of the election shall be

28 carried forward and included in the next monthly report required under this

29 subdivision (a)(1)(A).

30                         (iv) The monthly report shall be filed no later than

31 twenty (20) days after the end of each month, except that the final report

32 shall be filed as required in subdivision (a)(1)(C)(i) of this section;

33 campaign contributions or expenditures exceed five hundred dollars ($500);

34           (B)(i) No later than seven (7) days before a preferential

35 primary election, runoff election, general election, or special election in

36 which the candidate's name appears on the ballot, a preelection report of all

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                                 HB1243

1 contributions received and expenditures made between the period covered by

2 the previous report and the period ten (10) days before the election.

3                       (ii) In case of a runoff election, the preelection

4 report required under this subdivision (a)(1)(B) shall cover all

5 contributions received and expenditures made during that period of time that

6 begins after the date of the election from which the runoff arose and ends

7 ten (10) days before the runoff election;

8                    (C)(i) A final report of all contributions received and

9 expenditures made for that election that have not been disclosed on reports

10 previously required to be filed no later than twenty (20) days after the end

11 of the month following the month in which the candidate's name has appeared

12 on the ballot in a primary election, runoff election, general election, or

13 special election or when only one (1) candidate qualifies for a particular

14 office or position and no position or name of an unopposed candidate shall

15 appear on a ballot.

16                      (ii) A final report is required under this

17 subdivision (a)(1)(C) whether or not a candidate has received contributions

18 or made expenditures in excess of five hundred dollars ($500); and

19                   (D)(i) A final report of all contributions received and

20 expenditures made that have not been disclosed on reports previously required

21 to be filed.

22                      (ii) The final report under this subdivision

23 (a)(1)(D) shall be filed no later than thirty (30) days after the end of the

24 month in which the candidate has withdrawn.

25                      (iii) If a candidate withdraws from the campaign,

26 the candidate shall notify the Secretary of State in writing of the

27 withdrawal.

28              (2)(A) A candidate shall not be required to file a fourth

29 quarter report under this subsection if the candidate keeps remaining

30 campaign funds after an election but does not have any activity before the

31 end of the year.

32                   (B) A candidate shall continue filing the reports required

33 by this subsection if the candidate keeps remaining campaign funds and raises

34 campaign funds for a future campaign or expends campaign funds for office

35 holder expenses or a future election.

36              (3) Except as provided in subsection (d) of this section, in a

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    As Engrossed: H2/4/25 H3/18/25 S4/7/25                               HB1243

1 year for which there is no election for the office that the candidate is

2 seeking, each candidate for county office, or a person acting in the

3 candidate's behalf, shall file with the Secretary of State not later than

4 December 31 an annual report of all contributions received and expenditures

5 made for the year.

6

7 SECTION 4. Arkansas Code � 7-6-209(d), concerning reports of

8 contributions not required for candidates for county office and resulting

9 from Initiated Act 1 of 1996, is amended to read as follows:

10  (d) Reports Not Required.

11  (1) A candidate who has not received contributions or made

12 expenditures in excess of five hundred dollars ($500) shall not be required

13 to file any preelection reports required under subdivision (a)(1) subsection

14 (a) of this section.

15  (2) A candidate who has received contributions or made

16 expenditures in excess of five hundred dollars ($500) but not exceeding five

17 thousand dollars ($5,000) shall only file:

18                (A) A preelection report required under subdivision

19 (a)(1)(B) of this section; and

20                (B) A final report required under subdivision (a)(1)(C) of

21 this section.

22  (3) In calculating the amount of contributions received or

23 expenditures made for purposes of this exception, the payment of the filing

24 fee from the candidate's personal funds shall not be considered as either a

25 contribution or an expenditure.

26  (2)(4) The preelection reports referenced in subdivision (a)(1)

27 subsection (a) of this section are required only for candidates with

28 opponents in those elections.

29                                  /s/Underwood

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