Montana Administrative Code

44.11.221 BUSINESS INTEREST DISCLOSURE For purposes of this rule, "state officer" means elected officials, including candidates for statewide or state district offices, state district court candidates, Supreme Court candidates, department directors, or anyone appointed to fill an…

44.11.222 ELECTIONS TO WHICH AGGREGATE CONTRIBUTION LIMITS APPLY The term "aggregate contributions" means the total of all of the following contributions made by or received from a person for each election in a campaign: all contributions, as defined in 13-1-101, MCA, and further…

44.11.223 AGGREGATE CONTRIBUTION LIMITS FOR WRITE-IN CANDIDATES A candidate who is unsuccessful in a contested primary election, but who complies with applicable statutes to qualify as a write-in candidate for the general election, must file a declaration of intent pursuant to 13…

44.11.224 DESIGNATION OF CONTRIBUTIONS FOR PRIMARY AND GENERAL ELECTIONS Aggregate contributions for elections in a campaign are limited according to 13-37-216 and 13-37-218, MCA, and as explained by ARM 44.11.222. An "election" in a campaign is either a primary election or a gen…

44.11.225 LIMITATIONS ON CONTRIBUTIONS FROM POLITICAL PARTY COMMITTEES Political committees formed by "political party organizations," as that phrase is defined in 13-1-101, MCA, are subject to the aggregate contribution limits, which include in-kind contributions and expenditure…

44.11.226 LIMITS ON RECEIPTS FROM POLITICAL COMMITTEES Senate Bill 224 of the 2021 Legislature repealed contribution limits from political committees to legislative candidates. Authorizing statute(s): 13-37-114, 13-37-218, MCA Implementing statute(s): 13-37-114, 13-37-216, MCA Hi…

44.11.227 LIMITATIONS ON INDIVIDUAL AND POLITICAL PARTY CONTRIBUTIONS TO A CANDIDATE Pursuant to the calculation specified in 13-37-216, MCA, limits on total combined contributions by a political committee, other than a political party committee, or by an individual to candidates…

44.11.240 CONSEQUENCES FOR FAILURE TO FILE REQUIRED STATEMENTS, REPORTS, OR DISCLOSURES The commissioner, following inspection of the candidate or committee's required statements, disclosures, or reports or lack thereof, may take actions, including any of the following: declare t…

44.11.301 UNIFORM SYSTEM OF ACCOUNTS Each person required to file reports pursuant to Title 13, chapter 37, MCA, and these rules, shall maintain a system of accounts as prescribed and published in manual form by the commissioner. The manual may be obtained without cost and upon r…

44.11.302 STATEMENTS AND REPORTS, FILING Except as provided in this rule, each statement and report required by Title 13, chapters 35 and 37, MCA, and these rules shall be filed on forms prescribed by the commissioner. The forms may be obtained without cost and upon request from …

44.11.303 AMENDMENTS TO STATEMENTS AND REPORTS Amendments correcting a report filed pursuant to 13-37-225 and 13-37-226, MCA, for a previous reporting period shall be filed as soon as possible following the date upon which the person filing the report became aware of the inaccura…

44.11.304 LOCAL CANDIDATES AND POLITICAL COMMITTEES RECEIVING OR EXPENDING LESS THAN $500 If a local candidate or a political committee which is specifically organized to support or oppose a particular local candidate or local issue anticipates receiving contributions in a total …

44.11.305 NONRESIDENT AND FEDERALLY FILING COMMITTEES, REPORTS As used in this rule, "federally filing committee" means any committee that files reports with the federal election commission on a monthly or quarterly basis pursuant to the Federal Election Campaign Act of 1971, as …

44.11.306 COMMITTEE SEMIANNUAL AND CLOSING REPORTS Except as provided in (2), independent, incidental, ballot issue, and political party committees that are not required to file semiannual reports in March and September shall file a year-end closing report pursuant to 13-37-226, …

44.11.401 CONTRIBUTION - DEFINITION For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "contribution" as defined in 13-1-101, MCA, includes: each contribution as described in 13-37-229 and 13-37-232, MCA; The purchase of tickets or admissions to, or …

44.11.402 CONTRIBUTIONS, REPORTING A contribution becomes a contribution on the date it is received; or, in the case of an in-kind contribution, on the date the consideration is received by the candidate or political committee. A contribution received by check drawn on a joint ch…

44.11.403 IN-KIND CONTRIBUTION, REPORTING AND VALUATION A candidate or political committee shall report an in-kind contribution on the appropriate reporting schedule and shall describe what was received consistent with the reporting requirements specified in ARM 44.11.402. A cand…

44.11.404 EARMARKED CONTRIBUTION, REPORTING For the purposes of 13-37-217, 13-37-229, and 13-37-232, MCA, and these rules, an "earmarked contribution" is a contribution made with the express, implied, oral, written, direct, or indirect designation or instruction, that all or part…

44.11.405 LOANS AS CONTRIBUTIONS, REPORTING Loans to a candidate are subject to the same limits as contributions and are aggregated into a candidate's total contributions pursuant to 13-37-216 and 13-37-218, MCA; except limits do not apply to contributions or a loan made by a can…

44.11.406 MASS COLLECTIONS AT FUNDRAISING EVENTS, REPORTING For the purposes of 13-37-229, MCA: "Mass collections" made at a fund-raising event include the proceeds received from passing the hat or from the sale of items such as campaign pins, flags, emblems, hats, banners, raffl…

44.11.407 CASH CONTRIBUTION, RECEIPT No candidate or political committee shall receive a cash contribution in excess of $25 unless the candidate or political committee prepares a receipt. Such receipt shall contain the following information: The full name and mailing address (occ…

44.11.408 ELECTRONIC CONTRIBUTIONS, REPORTING A candidate or political committee may accept electronic contributions from online payment service providers and payment gateways as contributions. A contribution made through a payment gateway, such as Bitcoin or other electronic pee…

44.11.409 MONETARY DEPOSITS AND EXPENDITURES, ONLY THROUGH DEPOSITORY Any candidate or agent of any candidate or political committee who receives a contribution on behalf of a candidate or political committee shall, before the end of the fifth business day, transfer it to the cam…

44.11.410 LIMITED LIABILITY COMPANY AND PARTNERSHIP CONTRIBUTIONS TO CANDIDATES - LIMITATIONS AND REPORTING For the purposes of this rule, “candidate” and “contribution” have the meaning as defined in 13-1-101, MCA. Any contribution received by a candidate from a limited liabilit…

44.11.501 EXPENDITURE - DEFINITION For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "expenditure" as defined in 13-1-101, MCA, includes: each expenditure as described in 13-37-229 and 13-37-232, MCA; expenses incurred by a candidate or political co…

44.11.502 EXPENDITURES, REPORTING A campaign expense paid personally by an individual in his or her own campaign is always coordinated with, and is a campaign expense of, the campaign that must be reported and disclosed as an expense by the campaign in the same manner as an expen…

44.11.503 IN-KIND EXPENDITURE, REPORTING AND VALUATION A candidate or political committee shall report an in-kind expenditure on the appropriate reporting schedule and shall describe what was made consistent with the reporting requirements specified in ARM 44.11.502. The total va…

44.11.504 EXPENDITURE ENCOURAGED TO AVOID CONTRIBUTION, REPORTING If a candidate or political committee, or member thereof, advises, counsels, or otherwise knowingly encourages any person to make an expenditure for the purpose of avoiding direct contributions, or for any other re…

44.11.505 DEBTS AND OBLIGATIONS OWED TO A CANDIDATE OR POLITICAL COMMITTEE, REPORTING Pursuant to 13-37-229 and 13-37-232, MCA, each report required by 13-37-226, MCA, shall disclose all debts and obligations owed to a candidate or political committee. Debts and obligations shall…

44.11.506 DEBTS AND OBLIGATIONS OWED BY A CANDIDATE OR POLITICAL COMMITTEE, REPORTING Pursuant to 13-37-229 and 13-37-232, MCA, each report required by 13-37-226, MCA, shall disclose all debts and obligations owed by a candidate or political committee. Debts and obligations shall…

44.11.507 PROHIBITION ON FOREIGN NATIONAL INTERFERENCE IN STATEWIDE BALLOT ISSUES For purposes of this rule: “Foreign national” has the meaning as defined in 13-37-501, MCA. The terms “ballot issue” and “contribution” have the meaning as defined in 13-1-101, MCA. The term “throug…

44.11.601 ATTRIBUTION ON ELECTION MATERIAL Pursuant to 13-35-225, MCA, election communications, electioneering communications, and independent expenditures (referred to collectively herein as "election materials") must disclose the person who paid for the election materials, by i…

44.11.602 COORDINATION A "coordinated expenditure" means any election communication, electioneering communication, or reportable election activity that is made by a person in cooperation with, in consultation with, under the control of, or at the direction of, in concert with, at…

44.11.603 DE MINIMIS A "de minimis act" is defined in 13-1-101, MCA. The commissioner may consider the following factors in determining whether specific acts, contributions, or expenditures are de minimis and therefore do not trigger registration, reporting, attribution, or discl…

44.11.604 ELECTION COMMUNICATION An election communication is a communication, made in media as defined in these rules, that is made to support or oppose a candidate or ballot issue, as those terms are defined in 13-1-101, MCA. An election communication means: a paid advertisemen…

44.11.605 ELECTIONEERING COMMUNICATION An electioneering communication is a paid communication that: is publicly distributed by one or more of the modes of communication listed in the statute; is made within 60 days of the initiation of voting in an election; does not support or …

44.11.606 ELECTIONEERING - INTERPRETIVE RULE As used in 13-35-211, MCA, "electioneering" means the solicitation of support or opposition to a candidate or issue to be voted upon at the election or polling place in question, by means of: Personal persuasion, electronic amplificati…

44.11.607 FAIR NOTICE PERIOD BEFORE ELECTION For purposes of this rule, "campaign advertising" refers to reportable election activity, as defined in ARM 44.11.103. The "fair notice requirement" is described in 13-35-402, MCA. For the purpose of that section, the date used to dete…

44.11.608 PERSONAL USE OF CAMPAIGN FUNDS Except as provided in (4), no goods, services, funds, property, or other contributions received by a candidate or political committee may be used for the personal use or expense of any candidate, immediate family of a candidate, or staff o…

44.11.701 DEFINITIONS For the purposes of Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and this subchapter: "Compensation" includes all direct or indirect payments of salaries, fees, wages, and benefits to an individual or a person to provide constituent services. The term …

44.11.702 DISPOSAL OF SURPLUS CAMPAIGN FUNDS AND PROPERTY Candidates shall dispose of surplus campaign funds within 120 days of filing the closing campaign report required by 13-37-228, MCA. The candidate's closing report shall be filed whenever all debts and obligations are exti…

44.11.703 PERSONAL BENEFIT Pursuant to 13-37-240, MCA, the term "direct or indirect benefit" means the distribution of all or any portion of surplus campaign funds, including surplus campaign funds deposited in a continuing service account, that benefit a candidate, an eligible e…

44.11.704 APPLICABILITY OF RULES All of the rules in this chapter apply to a continuing service account established by an eligible elected official under Title 13, chapter 37, part 4, MCA, and 13-37-240, MCA, on or after May 14, 2007. The rules in this chapter do not apply to the…

44.11.705 ELIGIBLE ELECTED OFFICIALS An individual elected to any of the following public offices may transfer surplus campaign funds to a continuing service account created under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter: Governor; Lieutena…

44.11.706 PROHIBITIONS The following prohibitions apply to a continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, ARM 44.11.702 and 44.11.703, and the rules in this chapter: An eligible elected official may not establish any other accoun…

44.11.707 AUTHORIZED EXPENDITURES A continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, may be used to pay for the following expenses incurred to provide constituent services: communications with constitue…

44.11.708 OPENING AN ACCOUNT An eligible elected official may establish a continuing service account under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, by filing a completed continuing service account form provided by the commissioner. The for…

44.11.709 RECORDS AND REPORTING An eligible elected official who establishes a continuing service account under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, must file quarterly reports with the commissioner's office after an account is opened.…

44.11.710 INTEREST PAID ON ACCOUNTS Interest paid on a continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, may be received and used to provide constituent services if: the interest is deposited directly in…

44.11.711 CLOSING AN ACCOUNT – DISBURSEMENT OF SURPLUS ACCOUNT FUNDS An eligible elected official must close a continuing service account within 120 days after leaving public office as defined in ARM 44.11.701. The closing report must be filed on a form to be provided by the comm…