Doug Lair, et al v. Jonathan Motl, et al

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FILED OPINION (RAYMOND C. FISHER, CARLOS T. BEA and MARY H. MURGUIA) REVERSED. Judge: RCF Authoring, Judge: CTB Dissenting, FILED AND ENTERED JUDGMENT. [10626873]

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Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 1 of 22 Commissioner of Political Practices Policies and Procedures Amended Office Management Policy 2.4 Reinstating Pre-Lair 2016 Campaign Contribution limits Adopted: May 17, 2016; First amended on May 18, 2016; Second amended on May 26, 2016 Introduction The Federal District Court, in the Matter of Lair v. COPP No. 6:12-cv00012-CCL, issued its Order on May 17, 2016 declaring that the limits imposed by Montana law on contributions to candidates for Montana public office are unconstitutional. The Federal Court’s Order has voided the limits on contributions. The contribution limits voided by the Federal Court were set by a November 1994 vote of Montana voters approving Initiative 118. The new limits set by I-118 amended limits were then set out at §13-37-216 MCA. 2017 8, ber 1 cto on O In response to the Federal Court’s Order ed Commissioner adopts the the hiv 4 arc following amended policy. 3542 . 16- Policy in cited Lair v. , No Motl The Commissioner hereby recognizes that Montana law reinstates the larger contribution limits in place under §13-37-216 MCA before those limits were amended by the now voided portion of I-118. The Commissioner notes that the Policy is adopted under the reasoning, authority and direction set by the Montana Supreme Court in State ex. rel. Woodahl v. District Court, 162 Mont. 283, 290, 511 P.2d 318, 322 (1972): '[a]n unconstitutional amendment to a law leaves the section intact as it had been before the attempted amendment." This issue is further addressed by AG Opinion Vol. 51, No. 2. I. Individual Contribution Limits The Court’s Order struck 13-37-216(1) MCA (2011) applying limits to individuals. The amounts for individual contributions set by §13-37216 MCA before the now voided amendment by I-118 are as follows: $1,500 limit for Gubernatorial candidates $750 limit for Other Statewide Office candidates $400 limit for candidates for PSC, District Court Judge, and State Senator Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 2 of 22 $250 limit for any candidates for any other Montana public office (including State Representative) Subsection (4) of §13-37-216 MCA (2011) sets an inflation factor based on the consumer price index in place in the year of 2002. The inflation factor was set by the Montana legislature independent of changes made by I-118. The Commissioner applies the inflation factor for the reason that it was not challenged by the Lair litigation and appears to be unaffected by the Court’s Order. Applying a 1.326 Inflation Factor to the reinstated pre-I-118 limits sets the following limits on individual contributions to a candidate for election in 2016: $1,990 limit for Gubernatorial candidates $990 limit for Other Statewide Office candidates $530 limit for candidates for PSC, District Court Judge, and State Senator $330 limit for any candidates for any other Montana public office (including State Representative) It is noted that the limits set by §13-37-216 MCA prior to amendment by 2017 I-118 were single limits covering both the primary and ,general election. er 18 b Accordingly, the Commissioner adopts the aboveoas a single limit for Oct d on hive contributions to a 2016 Montana candidate for public office. 4 arc II. 542 16-3 No. tl Political Committee, Contribution Limits, Other than Political Parties. . Mo air v in L cited The Court’s Order struck 13-37-216(1) MCA (2011), the subsection of law applying limits to political committees other than political party committees. The amounts for political committee contributions set by §13-37-216 MCA before the now voided amendment by I-118 are as follows: $8,000 limit for Gubernatorial candidates $2,000 limit for Other Statewide Office candidates $1,000 limit for candidates for PSC $600 limit for a candidate for the state senate $300 limit for any candidates for any other Montana public office (including State Representative and District Court Judge) Applying the inflation factor discussed above, the reinstated limits for political committees other than political party committees are: $10,610 limit for Gubernatorial candidates $2,650 limit for Other Statewide Office candidates $1,330 limit for candidates for PSC $800 limit for a candidate for the state senate Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 3 of 22 $400 limit for any candidates for any other Montana public office (including State Representative and District Court Judge) It is noted that the limits set by §13-37-216 MCA prior to amendment by I-118 were single limits covering both the primary and general election. Accordingly, the Commissioner adopts the above as a single limit for contributions to a 2016 Montana candidate for public office. III. Political Party Contribution Limits The Court’s Order of May 17, 2016 struck 13-37-216(3) MCA (2011), the subsection of law applying limits to political party committees. On May 25, 2016 the Court issued its further Order staying the effect of this part of the Order as to Montana’s 2016 elections. Accordingly, political party contribution limits for 2016 elections were and are those set by 44.11.227 ARM: Office Governor/Lieutenant Governor Other Statewide offices PSC in cited L o otl, N .M air v rch 24 a 354 . 16- on ived Contribution Limit – Per Election 7 , 201 er 18 $23,850 b Octo $8,600 $3,450 State Senate $1,400 All other Elected Offices $850 This Policy, with any amendments, is in effect barring further legislative or judicial action that might affect the contribution limits, including the completion of litigation in the matter of Lair v. COPP No. 6:12-CV-00012CCL. Failure to adhere to these contribution limits will be treated as a violation of Montana’s campaign practice laws. Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 4 of 22 cited ir in La otl, v. M 4a 3542 16No. ed rchiv on O ct 18, ober 2017 Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 5 of 22 cited ir in La otl, v. M 4a 3542 16No. ed rchiv on O ct 18, ober 2017 $2,700/candidate/electiona parties and organizations cannot exceed: $80,000 – statewide candidate $8,000 – legislative candidate 16-3 No. Aggregate tl, o contributions v. M raccepted from all political ai in L $2,700/candidate/electiona cited $5,000/statewide or legislative candidate hiv Same as individual limits Amounts are per election cycle Regular PACs: $5,000/statewide or legislative candidate/year “Super” PACs2:$10,000/statewide or legislative candidate/year Same as individual limits Prohibitedd 017 18, 2 ber Same as individual limits Prohibitedd Prohibitedd Prohibitedd Union Candidate Contributions Unlimited Corporate Candidate Contributions Unlimited cto nO ed o Contributions from out-ofstate PACs prohibited $1,000/office/year Unlimited PAC Candidate Contributions arc 424 5 $100,000/year/gub candidate $15,000/year/Senate candidate $10,000/year/House candidate $5,000 municipal Unlimited State Party Candidate Contributions The Arizona Citizens Clean Elections Commission has filed suit in Maricopa County Superior Court to block the increased limits, claiming that the legislation establishing them (HB 2593, 2013) violated the Voter Protection Act, which bars the legislature from making changes to any voter-approved laws without a second popular vote or a 3/4ths vote of the legislature. This litigation could result in an injunction that prevents the new limits from going into effect. Candidates are responsible for accepting only up to the legal maximum pursuant to law and candidates should check with their election official as to the law’s status. The pre-HB 2593 limits would be $912/statewide candidate and $440/legislative candidate per election cycle. 2 In Arizona, a PAC that has received contributions from 500 or more individuals in amounts of $10 or more in a one-year period may qualify as a “Super PAC.” Qualification is valid for two years. (Ariz. Rev. Stat. §16-905(I)) 1 Arkansas A.C.A. § 7-6-203 A.R.S. § 16-905 and 16919 Arizonab, e, 1 $500/candidate/year Alaska § 15.13.070 and 15.13.074(f) Aggregate amounts candidates may accept from non-residents: $20,000/year/gub candidate $5,000/year/Senate candidate $3,000/year/House candidate Unlimited Alabama Ala. Code § 17-5-1 et seq. Individual Candidate Contributions State Limits on Contributions to Candidates 2015-2016 Election Cycle Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 6 of 22 Effective 3/15/11 - 2015: $575/statewide candidate $200/legislative candidate Amounts are per applicable election cycle. Corporate Candidate Contributions 017 18, 2 ber Prohibited5 Same as individual limits “Small Donor” Committees:4cto O $6,125/gub & statewide cand d on i candidate $2,425/legis. ve ch Limits effective 3/15/11 2015: Limits double for a candidate 4 ar who accepts voluntary 3542 spending limits if his/her Regular PACs and Federal . 16Note: Contributions by a opponent has not accepted PACs: tl, No o the limits and has raised more rcandidate to his/her own Same as individual limits v. M i than 10% of the limit. in La campaign, and unexpended contributions carried forward cited Amounts per electiona to a subsequent election cycle, are treated as contributions from a political party and are subject to the political party limits. Party limits cannot be doubled for candidates who accept voluntary limits. $615,075/gub. candidate $123,000/other statewide candidate $22,125/Senate candidate $15,975/House candidate Effective 3/15/11 - 2015: Amounts are per electiona Regular PACs: Same as individual limits Amounts are per electiona For elections held on or after Jan. 1, 2013: “Small Contributor” Cmtes3: $28,200/gubernatorial candidate $14,100/statewide candidate $8,500/legislative candidate Unlimited PAC Candidate Contributions $28,200/gubernatorial candidate $7,000/other statewide candidate $4,200/legislative candidate For elections held on or after Jan. 1, 2013: State Party Candidate Contributions Can contribute through PAC’s established by the organization Same as individual limits Union Candidate Contributions In California, a “small contributor committee” is a committee which has been in existence for at least six months, receives contributions from 100 or more persons in amounts of not more than $200 per person, and makes contributions to five or more candidates. (Cal. Govt. Code §85203) 4 In Colorado, a “small donor committee” means any political committee that has accepted contributions only from natural persons who each contributed no more than $50 in the aggregate per year. 5 Corporations are prohibited from donating money from their treasury, but are permitted to establish independent expenditure committees or political committees with the same contribution limits as PACs 3 Coloradoe Constitution Art. XXVIII Californiae Gov. Code § 85300 et seq. Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 7 of 22 Continued on next page Delaware 15 Del. Code §8010 to 8013 Connecticutb Ct.Gen.Stat. § 9-611, 9613 and 9-615 Update July 2013 $5,000/gubernatorial candidate $3,000/other statewide candidate $1,500/Senate candidate $750/House candidate PAC Candidate Contributions cited Same as individual limits Octo 017 18, 2 ber Prohibitedd Corporate Candidate Contributions Same as individual limits Prohibitedd Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. o v. M airAll amounts per election cycle in L All amounts per election cycle $75,000/gubernatorial Same as individual limits candidate d on $25,000/other statewide chive 4 ar candidate 3542 $5,000/Senate candidate . 16 $3,000/House No tl, candidate All amounts are per electiona $30,000 aggregate/individual to all candidates and committees per Ct. Gen. Stat. § 9-611(d). All amounts are per electiona $1,200/statewide candidate $600/other candidate Aggregate limits on contributions by PACs to candidates: $100,000/election by a PAC established by a business entity $50,000/election by a PAC established by an organization All amounts are per electiona $50,000/gubernatorial candidate $35,000/other statewide candidate $10,000/Senate candidate $5,000/House candidate State Party Candidate Contributions $3,500/gubernatorial candidate $2,000/other statewide candidate $1,000/Senate candidate $250/House candidate Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 8 of 22 Continued on next page Hawaii H.R.S. §2: 11-357, 11-359 Georgiae O.C.G.A. § 21-5-41 to 43 Florida Fla. Stat. § 106.08 All amounts are per election cycle Contributions from a candidate's immediate family are limited to $50,000 in an election cycle, including loans. $6,000/statewide candidate $4,000/Senate candidate $2,000/House candidate Amounts are per electiona Run-off: cite $3,700/statewide candidate $1,300/legislative candidate d in otl, Same as individual limits PAC Candidate Contributions Same as individual limits d hive 4 arc Same as individual limits on Same as individual limits 3542 16No. Same as individual limits A legislative candidate can accept up to $50,000 each from the national or state executive committee of a party, or up to $50,000 from the county executive committee of a party. A candidate for statewide office may not accept contributions from parties which in the aggregate exceed $250,000, and no more than $125,000 of that amount may be received during the 28 days preceding an election. State Party Candidate Contributions v. M Lair Regular primary or general: $6,300/statewide candidate $2,500/legislative candidate Limits last adjusted 12/2010 (Effective 11/1/2013) Amounts are per electiona $3,000/statewide candidate $1,000/legislative Individual Candidate Contributions Same as individual limits OctoSame as individual limits 017 18, 2 ber Same as individual limits Corporate Candidate Contributions Same as individual limits Same as individual limits Same as individual limits Union Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 9 of 22 Illinoise 10 ILCS 5/9-8.5 Idaho § 67-6610A Any candidate whose in L opponent is self-funded is cited exempted from contribution limits. A self-funded candidate is an individual who contributes $250,000 to his or her own statewide campaign in an election cycle, or $100,000 for all other elective offices. Contributions made to a candidate by immediate family members are also considered “self-funding.” A candidate and their immediate family members (spouse, parent, or child) can make unlimited contributions to that candidate’s campaign. Any candidate who receives benefit or detriment from independent expenditures in excess of the amounts below is exempted from all contribution limits: $250,000/statewide candidate $100,000/candidate for any other office 017 18, 2 ber $10,800per election cycle $10,800 per election cycle Same as individual limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. hiv Corporate Candidate Contributions Same as individual limits cto nO ed o Same limit applies to a contribution from one candidate committee to another $53,900 per election cycle Same as individual limits PAC Candidate Contributions arc 424 5 16-3 No. Amounts are,per election otl v. rcycle.M ai Amounts are per electiona Amounts are per electiona Unlimited if candidate is not seeking nomination in a primary election. For candidates running in a primary: $215,800/statewide candidate $134,900/Senate candidate 134,900 $80,900/House candidate Unlimited from a political party during General or Consolidated Election Unlimited during Primary Election Cycle when candidate is not seeking nomination $10,000/statewide candidate $2,000/legislative candidate $5,000/statewide candidate $1,000/leg candidate $5,400/candidate/election cycle State Party Candidate Contributions Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 10 of 22 Continued on next page in Unlimited $1,000/candidate/electiona cited Unlimited in uncontested primaries and general elections Amounts are per electiona Kentucky K.R.S. § 121.025, 121.035, and 121.150 For a contested primary election, same as individual limits. $2,000/statewide candidate $1,000/Senate candidate $500/House candidate Kansas K.S.A. § 25-4153 Prohibitedd Same as individual limits Same as individual limits Unlimited Same as corporate limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Aggregate Limits: No candidate can retain PAC contributions which in the aggregate exceed 50% of total contributions or $10,000 (whichever is greater) in an election cycle. 121.150(23)(a) Same as chiv r individual limits 017 18, 2 ber Same as individual limits Prohibitedd All amounts are per year $5,000 in the aggregate to statewide candidates $2,000 in the aggregate to Senate candidates $2,000 in the aggregate to House candidates Corporate Candidate Contributions cto nO ed o Same as individual limits Unlimited Unlimited PAC Candidate Contributions a 5424 Aggregate Limits: . 16-3 No candidate cano tl, N retain party . Mo which in the contributions v Lairaggregate exceed 50% of total contributions or $10,000 (whichever is greater) in an election cycle. Unlimited Unlimited Iowa Iowa Code § 68A.503 Unlimited Unlimited State Party Candidate Contributions Indiana Ind. Code § 3-9-2-4 et seq. Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 11 of 22 hiv Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. In Maine, candidates who are enrolled in a political party may contributions of up to $375 from an individual. Individual contributions to unenrolled candidates are unlimited for primary elections. Same as individual limits Same as individual limits Union Candidate Contributions 7 16-3 arc 424 5 ,2 er 18 b Same as individual limits 017 Same as individual limits Corporate Candidate Contributions cto nO ed o Same as individual limits Candidates subject to following aggregate limits on all PAC contributions accepted for the primary and general elections combined: $80,000/statewide candidate $60,000/legislative candidate “Big” PACs6: Double the amount of individual limits Regular PACs: Same as individual limits PAC Candidate Contributions In Louisiana, a “Big PAC” is a PAC with over 250 members who contributed over $50 to the PAC during the preceding calendar year and has been certified as meeting that membership requirement. Individuals limited to $25,000 aggregate contributions to all campaign finance entities per calendar year. This limitation does not apply to contributions in support of a candidate by that candidate or that candidate’s spouse or domestic partner. cite v. M o. otl, N Same as individual limits Unlimited Individual contribution limits do not apply to contributions in support of a candidate by that candidate, or that candidate’s spouse or air domestic partner. d in L $1,575/gubernatorial candidate $375/legislative candidate7 Amounts are per electiona $5,000/statewide candidate $2,500/legislative candidate State Party Candidate Contributions 6 Maineb,e 21-A M.R.S.A. §1015 Louisiana La. R.S. § 18:1505.2 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 12 of 22 8 ci o. tl, N . Mo ir v n La ted i Amounts are per calendar year. Registered lobbyists may only contribute up to $200/candidate No limit on in-kind contributions $12,500/individual aggregate limit on contributions to all candidates Regular PAC or People's Committee:8 $500/candidate $6,000/candidate/4-year election cycle PAC Candidate Contributions Amounts per calendar year. 017 18, 2 Prohibitedd Same as individual limits Corporate Candidate Contributions Candidates cannot accept aggregate contributions from r regular PACs that exceed thectobe O following amounts (People’s d on Committees ive ch are exempt from 4 ar the aggregate limits): 3542 $150,000/gubernatorial 16candidate $18,750/Senate candidate $7,500/House candidate $3,000/candidate/year In-Kind Contributions: Limited to an amount equal to $1 for every two registered voters in the state, regardless of political affiliation, to a single candidate. Limit is per 4-year election cycle. Transfer limit: $6,000/4-year election cycle $1000/candidate Amounts are per 4-year election cycle Effective Jan. 1, 2015 $6,000/candidate $24,000 aggregate to all candidates State Party Candidate Contributions Same as PAC limits Same as individual limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. In Massachusetts, a "People's Committee” is a PAC that has been in existence for six months, has received contributions from individuals of $156 (adjusted biennially; this amount is for 2013-2014) or less per year, and has contributed to five candidates. Continued on next page Massachusetts G.L. Ch. 55, § 6, 6A, 7A and 8 Maryland Md. Code § 13-226 and 13-227 Amounts are per electiona Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 13 of 22 9 cited v. M o. otl, N hiv Prohibitedd Prohibitedd 017 18, 2 ber Union Candidate Contributions Corporate Candidate Contributions cto nO ed o All amounts are per election cycle Independent PACs9: $68,000/statewide candidate $20,000/Senate candidate $10,000/House candidate Political Committees: Same as individual limits. arc 424 5 16-3 All amounts are per election cycle ir in La All amounts are per election cycle $750,000/governor or lieutenant governor slate with public funding $136,000/governor or lieutenant governor slate without public funding $136,000/other statewide candidate $20,000/Senate candidate $10,000/House candidate $6,800/statewide candidate $2,000/Senate candidate $1,000/House candidate PAC Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. In Michigan, an “independent committee” must have filed a statement of organization at least 6 months before the election in which the committee wishes to make contributions; must have supported or opposed 3 or more candidates for nomination or election; and must have received contributions from at least 25 persons. Continued on next page Michigan M.C.L. § 169.246, 169.252 and 169.254 State Party Candidate Contributions Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 14 of 22 Unlimited Missouri Mo. Rev. Stat. § 130.031 Continued on next page Unlimited Unlimited 16-3 Unlimited Unlimited Unlimited $1,000/candidate/year Unlimited Unlimited Same as individual limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Minnesota’s SF 991 (2013) divided election cycles into two-year periods, and made limits applicable to a two-year period rather than a single year. The limit is higher for the two-year period during which an election is held for the office, and lower during a non-election two-year period for candidates that serve a four- or six-year term. Unlimited 10 cited Amounts are per 2-year election segment. v. M o. otl, N hiv nO ed o 017 18, 2 ber Prohibitedd Corporate Candidate Contributions cto Aggregate contributions from political committees or political funds, lobbyists, and individuals who contribute or loan more than ½ the yearly contribution limit cannot exceed the following amounts: $700,000/governorlieutenant governor slate $120,000/Attorney General candidate $80,000/Secretary of State or Auditor candidate $6,000/Senate candidate $12,000/House candidate Same as individual limits PAC Candidate Contributions arc 424 5 Candidates are subject to the following aggregate limits on contributions received in the 2013-14 election cycle from party committees and terminating principal campaign committees: $40,000/governor-lieutenant governor slate $25,000/Attorney General candidate $20,000/Secretary of State or Auditor candidate $10,000/legislative candidate Party committees may contribute up to 10 times the limits imposed on individuals State Party Candidate Contributions Candidates who have signed a public subsidy agreement are also subject to a limit (equal to five times the election segment limits above) on the amount of personal funds they can contribute to their ir own campaign. in La Non-election segment limits: $2,000/governor-lieutenant governor slate $1,500/Attorney General candidate $1,000/Secretary of State or Auditor candidate $1,000/Senate candidate n/a for House candidates Election segment limits:10 $4,000/governor – lieutenant governor slate $2,500/AG candidate $2,000/SOS or auditor candidate $1,000/legislative candidate Mississippi Miss. Code § 97-13-15 Minnesota Minn. Stat. § 10A.27 and 211B.15 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 15 of 22 $23,850/gubernatorial slate $8,600/other statewide cand. $1,400/senate candidate $850/house candidate To candidates not agreeing to abide by spending limits: $1,000/electiona New Hampshire R.S.A. § 664:4 12 11 Amounts are per electiona $3,800/gubernatorial candidate $2,600/legislative candidate National party committee: $8,200/electiona No limit on contributions by state, county, municipal and legislative leadership committees o v. M airUnlimited to candidates who To candidates agreeing ito L d n abide by spendinge agree to expenditure limits cit limits: $5,000/electiona hive 4 arc d on Same as individual limits Same as individual limits Same as individual limits12 ber Octo $8,200/candidate/electiona 017 Same as individual limits 18, 2 Unlimited Prohibited Corporate Candidate Contributions Same as individual limits Prohibitedd Same as individual limits Unlimited Prohibited Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Montana’s contribution limits have been the subject of ongoing litigation over the last several years. See the Montana Commissioner of Political Practices webpage for latest information. Corporations are no longer prohibited from making political contributions under New Hampshire law despite the language of NH RSA 664:4. That ban was declared unconstitutional by a federal district court in 1999. A June 6, 2000 letter from Deputy Attorney General Steven M. Houran indicates that the limits on individual contributions now apply to corporate contributions as well. New Jerseye N.J.S.A. § 19:44A-11.3 Same as individual limits $5,000/candidate/electiona Nevada § 294A.100 and Const. Art. 2 §10 Unlimited Amounts are per election cycle Candidates limited to total contributions from all PACs: $2,800 senate candidates $1,700 house candidates $10,610/gubernatorial slate $2,650/other statewide cand. $800/senate candidate $400/house candidate PAC Candidate Contributions To candidates not agreeing to 42 Same as party limits 6 5 abide by spending limits: -3 .1 $1,000/electiona o tl, N Unlimited Amounts are per election cycle Unlimited Amounts are per election $1,990/gubernatorial slate $990/other statewide cand. $530/senate candidate $330/house candidate State Party Candidate Contributions Nebraska N.R.S.§ 32-1604 and 321608 Montana e, 11 M.C.A. §13-35-227 and §13-37-216 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 16 of 22 Maximum contributions by an individual limited to $150,000 in the aggregate per calendar year. Amounts are per election cycle. otl, v. M PAC Candidate Contributions d on hive 4 arc Same as individual limits Same as party limits 3542 16No. Unlimited in general election Prohibited in primary election $5,400/electiona Family Limits, General: $278,609/statewide candidate $30,079-$57,304/Senate ir candidate in La $12,500-$24,871/Assembly cited Regular Limits, General: $41,100/statewide candidate $10,300/Senate candidate $4,100/Assembly candidate Family Limits, Primary14: $523-$137,978/statewide $20,000-$41,577/Senate candidate $12,500-$17,061/Assembly Regular Limits, Primary: $6,500-$19,700/statewide13 $6,500/Senate candidate $4,100/Assembly candidate Amounts are per electiona $5,400/statewide candidate $2,500/non-statewide candidate State Party Candidate Contributions Candidates may accept corporate contributions of up to $5,000 annually during 7 , 1 each year of an0 18the2 election cycle, soer as total b long Octocontributions from the corporation do not exceed the election cycle’s regular limits on individual contributions, and the corporation does not exceed its aggregate limit of $5,000/ year to all candidates and committees. Corporations are limited to $5,000 per year in aggregate contributions to NY state candidates and committees. Same as individual limits, with exceptions (see below) Same as individual limits Corporate Candidate Contributions Same as individual limits Same as individual limits Union Candidate Contributions 14 Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Limit is based on a formula: product of number of enrolled voters in candidate’s party in state (excluding voters on inactive status) x $.005, but not less than $6,500 or more than $19,700 Separate limits apply for contributions from all family members in the aggregate. Limit is based on a formula: total # of enrolled voters on active status in candidate’s party in the state/district x $0.025. “Family” is defined as a child, parent, grandparent, brother, sister, and the spouses of those persons. Contributions from the candidate and the candidate’s spouse are not limited. 13 Continued on next page New Yorke Election Law, § 14-114 and 14-116 New Mexicoe N.M.S.A. § 1-19-34.7 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 17 of 22 $12,532.52/candidate/ electiona $2,700/candidate/election Ohioe O.R.C. § 3517.102, 3517.104 and 3599.03 Oklahomae 21 OS § 187.1 et seq. and Ethics Commission Rules §2.23, §2.31, §2.33, §2.37, $1,000/candidate/ year Rhode Island R.I.G.L. § 17-25-10.1 Continued on next page Unlimited Pennsylvania 25 Pa. Stat. §3253 Individuals limited to $10,000 in aggregate contributions to candidates, PACs and party committees per year Unlimited Oregon O.R.S. § 260.160 to 174 cited Unlimited North Dakota § 16.1-08.1 $25,000/candidate/year In-kind contributions unlimited Unlimited Prohibitedd Unlimited 2017 Prohibited Prohibitedd Prohibited Prohibitedd Unlimited Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Annual aggregate limit of $25,000 to all recipients $1,000/candidate/ year Unlimited Unlimited Prohibitedd, 18 Prohibitedd Prohibitedd Prohibitedd Prohibitedd Prohibitedd Union Candidate Contributions Prohibitedd Corporate Candidate Contributions ber Octo $5,000/candidate/election Same as individual limits Unlimited Same as individual limits PAC Candidate Contributions A PAC that has been on d registered hive than a year c for less ara primary OR has prior Amounts are prior to general 424 to 6-35 fewer than 25 contributors: election .1 $2,500 per election tl, No $25,000/statewide candidate $10,000/other state elective office $706,823.95/statewide candidate $140,988.82/Senate candidate $70,181.10/House candidate In-kind contributions unlimited All amounts are per electiona Unlimited Unlimited State Party Candidate Contributions o v. M airUnlimited in L $5,000/candidate/electiona North Carolinae N.C.G.S. § 163-278.13, 163-278.15 and 163278.19 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 18 of 22 Utah Utah Code § 20A-11-101 Continued on next page Texas Election Code, § 253 Tennesseee Tenn. Code § 2-10-302 South Dakota S.D.C.L. § 12-27-7 South Carolina S.C. Code § 8-13-1300(10), 8-13-1314 and 8-13-1316 Amounts are per electiona subject to the same exceptions described at left. Amounts are per electiona in each primary, runoff, or special election in which a candidate has opposition and for each general election; if a candidate remains unopposed during an election cycle, one contribution limit shall apply. Unlimited Unlimited cited in $3,800/statewide candidate $1,500/legislative candidate Both amounts are per electiona Unlimited $11,500/statewide candidate $7,600/legislative candidate PAC Candidate Contributions Prohibitedd 017 Same as individual limits Corporate Candidate Contributions Unlimited Unlimited Unlimited Prohibitedd Unlimited Prohibitedd A union must register as a PAC before making contributions to candidates. Same as PAC limits Prohibitedd Same as individual limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. Unlimited Unlimited All amounts are per electiona Candidates limited to $11,200/statewide candidate Same as PAC 2 r 18, limits $11,200/Senate candidate ctobe aggregate amount from all $7,400/other candidates O political party committees: If a corporation gives more d on than $250 in the aggregate to $374,300/statewide chive 4 ar candidate candidates, it must register as No more than 50% of a 42 a PAC and make all further $59,900/Senate candidate 3 6- 5 statewide candidate’s or .1 $30,000/House candidate contributions through the $112,300 of a legislative tl, No o v. M rAll amounts are per electiona candidate’s total come from PAC. It may transfer unlimited Lai contributions may amounts from its corporate PACs treasury to the PAC. Unlimited $50,000/statewide candidate $5,000/other candidate $3,500/statewide candidate $1,000/legislative candidate $4,000/statewide candidate $1,000/legislative candidate Amounts are per calendar year State Party Candidate Contributions Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 19 of 22 $1,900/gubernatorial candidate $950/legislative candidate Washingtone RCW § 42.17.610 et seq. WAC § 390-05-400 West Virginia § 3-8-8 to 12 Continued on next page Unlimited Virginia Va. Code § 24.2-945 $1,000/candidate/electiona State Party Candidate Contributions Same as individual limits Prohibitedd 017 18, 2 ber Same as individual limits for Washington corporations. Prohibited for corporations not doing business in Washington state. Unlimited Same as individual limits Same as individual limits for Washington unions. Prohibited for unions that have fewer than 10 members who reside in Washington. Unlimited Same as individual limits Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. 16-3 Same as individual limits v. M o. otl, N hiv nO ed o Corporate Candidate Contributions Same as individual limits cto A PAC that has not received contributions of $10 or more from 10 or more WA registered voters during the past 180 days is prohibited from making contributions. Same as individual limits Unlimited Same as individual limits PAC Candidate Contributions arc 424 5 Aggregate contributions from a state party central committee to a statewide or legislative candidate may not exceed $.80 x number of registered voters in candidate’s district. This limit applies to the entire election cycle. Unlimited Unlimited During the 21 days before the general election, no contributor may donate more than $50,000 in the aggregate to a statewide candidate or $5,000 in the aggregate to any other candidate or a political committee, including political party committees. This includes a candidate's ir personal contributions to La in d his/her campaign.e state cit The committees of political parties are exempted from this limit. Amounts are per electiona $4,000/statewide candidate $1,500/State Senate $1,000/State House Vermontb 17 VSA §2805 Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 20 of 22 No individual may make more than $25,000 (increases to $50,000 eff. Jan. 1, 2015) in total contributions during a two-year election cycle. o. otl, N M Unlimited ir v. Effective Jan. 1, 2015: in La d $2,500/statewide e cit candidate $1,500/other candidate Amounts are per electiona Effective 2013-2014: $1,000/candidate/electiona Effective Jan. 1, 2015: $7,500/statewide candidate $3,000/other candidate Amounts are per electiona Effective 2013-2014: Unlimited hiv Corporate Candidate Contributions Prohibitedd 017 18, 2 ber Prohibited cto nO ed o Amounts are per election cycle $485,190/gub. candidate $15,525/Senate candidate $7,763/House candidate Aggregate limit on amount candidates may accept from PACs and candidate committees (grants from the Wisconsin Election Campaign Fund also count against this limit): $43,128/gub. candidate $1,000/Senate candidate $500/Assembly candidate PAC Candidate Contributions arc 424 5 16-3 Amounts are per election cycle Additionally, the maximum amount a legislative campaign committee can give without reducing committee contributions is: $6,900/Senate candidate $3,450/Assembly candidate $700,830/gub. candidate $22,425/Senate candidate $11,213/House candidate An individual may not contribute more than $10,000 in a calendar year to any combination of Wisconsin candidates or political committees. Amounts are per election cycle Aggregate limit on amount candidates may accept from all political party committees, including legislative campaign committees, in an election campaign : $10,000/statewide candidate $1,000/Senate candidate $500/Assembly candidate State Party Candidate Contributions Prohibitedd Prohibited Union Candidate Contributions Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. (a) Primary and general are considered separate elections; stated amount may be contributed in each election. (b) Candidates participating in the public financing may not accept contributions after qualifying for public funds. Limits listed are for candidates not participating in public financing program. (d) Direct corporate and/or union contributions are prohibited and/or use of treasury funds and/or dues is prohibited. In these states, the law specifically says that nothing prevents the employees or officers of a corporation from making political contributions through a PAC, using funds from an account that is separate and segregated from corporate accounts. Such contributions are subject to the same limitations placed on other PACs. Wyoming Wyo. Stat. § 22-25-102 Wisconsin § 11.01 et seq. Individual Candidate Contributions Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 21 of 22 cited ir in La v. M o. otl, N 017 18, 2 ber Source: National Conference of State Legislatures Last updated October 2015 Oklahoma and Montana updated May 2016 This data is presented for information purposes only and should not be considered legal advice. cto nO ed o hiv arc 424 5 16-3 (e) Contribution limits are adjusted for inflation at the beginning of each campaign cycle. Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 22 of 22

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