Tennessee § 2-10-105 - Filing of contribution, loan and expenditure statements — Deadlines — Certification of treasurers and other officers — Retention of records — Additional reporting requirements.

§ 2-10-105. Filing of contribution, loan and expenditure statements — Deadlines — Certification of treasurers and other officers — Retention of records — Additional reporting requirements.

Each candidate for state public office and political campaign committee in a state election shall file with the registry of election finance a statement of all contributions received and all expenditures made by or on behalf of such candidate or such committee. The statement of each candidate for state public office shall include the date of the receipt of each contribution, and the statement of a political campaign committee in a state election shall include the date of each expenditure that is a contribution to a candidate in any election. Each candidate for local public office and political campaign committee for a local election shall file with each county election commission of the county where the election is held a statement of all contributions received and all expenditures made by or on behalf of such candidate or such committee. The statement of each candidate for local public office shall include the date of the receipt of each contribution, and the statement of a political campaign committee for a local election shall include the date of each expenditure that is a contribution to a candidate in any election. The statements required by subsections (a) and (b) of each candidate, each single candidate political campaign committee, single measure political campaign or multicandidate political campaign committee shall be filed quarterly during an election year, within ten (10) days following the conclusion of the quarterly reports ending March 31, June 30, September 30 and January 15. Such candidate and political campaign committees shall also be required to file a pre-primary statement and pre-general election statement. The pre-primary statement shall cover the period from the last day included in the July quarterly statement through the tenth day before the primary election. Such pre-primary statement is due seven (7) days before the primary election. The pre-general election statement shall cover the period from the last day included in the October quarterly statement through the tenth day before the general election. Such pre-general election statement is due seven (7) days before the general election. Statements for any runoff election, from the last day included in any prior report through the tenth day before any such election shall be filed not later than seven (7) days before the election. Any candidate or political campaign committee filing a statement pursuant to subsection (e) before January 16 of the year in which the candidate or committee expects to be involved in an election shall file reports with the registry of election finance or the county election commission, whichever is required by subsections (a) and (b), by January 31 and July 15 immediately succeeding the filing, and semi-annually thereafter until the year of the election. If January 31 or July 15 falls on a Saturday, a Sunday, or a legal holiday, § 1-3-102 shall apply. The ending date of the January 31 reporting period is January 15. The ending date of the July 15 reporting period is June 30. A semiannual report is not required to be made if the reporting date is within sixty (60) days of a report otherwise required by this part. Each statement required by subsections (a) and (b) shall include transactions occurring since the preceding statement. Each multicandidate political campaign committee shall file reports according to subsection (c)(1). Each report shall include transactions occurring since the preceding report. Such reports shall be made available on the Internet as soon as practicable once such multicandidate political campaign committee has filed such information and the registry has reviewed such statements for accuracy and timeliness. If a multicandidate political campaign committee has not timely filed a quarterly report, then the registry shall post on the Internet that the multicandidate political campaign committee is delinquent. Each candidate and each political campaign committee shall certify the name and address of the candidate's or committee's political treasurer to the registry of election finance or the county election commission, where appropriate, before the candidate or committee may receive a contribution or make an expenditure in a state or local election. A statement certifying a candidate's treasurer must contain the office the candidate is seeking and the year of the election. A state public officeholder shall also certify the name and address of such officeholder's political treasurer to the registry of election finance before the officeholder or the officeholder's political committee may accept a contribution to defray the expenses incurred in connection with the performance of the officeholder's duties or responsibilities, and a local officeholder shall so certify the name and address of such officeholder's treasurer to the appropriate county election commission. A candidate may serve as that candidate's own political treasurer. A candidate or political campaign committee shall notify the registry of election finance or county election commission of any changes in the office of its political treasurer. Any such statements filed pursuant to this part shall be cosigned by the candidate, if such candidate appoints a political treasurer other than the candidate. In addition to the requirements in subdivision (e)(1), a multicandidate political campaign committee shall also certify the name and address of all officers of such committee to the registry of election finance. A multicandidate political campaign committee is required to have at least one (1) officer, not including the treasurer of such committee. All records used by the candidate or political campaign committee to complete a statement required by this part shall be retained by the candidate or political campaign committee for at least two (2) years after the date of the election to which the records refer or the date of the statement, whichever is later. After the two-year period, the candidate or political campaign committee is authorized to destroy such records, absent any pending investigation by the registry of election finance or any other law enforcement agency, or absent any administrative or court proceeding. Once an investigation is closed by the registry of election finance, records may be destroyed upon a petition for approval to the registry of election finance. Separate reporting shall be required for both primary elections and general elections. Cumulative reporting for both primary and general elections for the same office in the same year is expressly prohibited. An appointment of a political treasurer pursuant to subsection (e) may be cumulative, and one (1) such appointment shall be sufficient for both a primary and general election for the same office in the same year. A successful primary candidate shall not be required to certify a political treasurer for the general election, if the candidate had previously certified such political treasurer prior to the primary election. During the period beginning at twelve o'clock (12:00) midnight of the tenth day prior to a primary, general, runoff or special election or a referendum and extending through twelve o'clock (12:00) midnight of such election or referendum day, each candidate or political campaign committee shall, by telegram, facsimile machine, hand delivery or overnight mail delivery, file a report with the registry of election finance or the county election commission, whichever is required by subsections (a) and (b), of: The full name and address of each person from whom the candidate or committee has received and accepted a contribution, loan or transfer of funds during such period and the date of the receipt of each contribution in excess of the following amounts: a committee participating in the election of a candidate for any state public office, five thousand dollars ($5,000); or, a committee participating in the election of a candidate for any local public office, two thousand five hundred dollars ($2,500). If the committee is participating in the election of candidates for offices with different reporting amounts, the amount shall be the lowest for any candidate in whose election the committee is participating or in which any committee is participating to which it makes or from which it receives a transfer of funds; and Such report shall include the amount and date of each such contribution or loan reported, and a brief description and valuation of each in-kind contribution. If a loan is reported, the report shall contain the name and address of the lender, of the recipient of the proceeds of the loan, and of any person who makes any type of security agreement binding such person or such person's property, directly or indirectly, for the repayment of all or any part of the loan. Each report required by subdivision (h)(1) shall be filed by the end of the next business day following the day on which the contribution to be reported is received. The registry shall develop appropriate forms for the report required by subdivision (h)(1) and make such forms available to the candidates and the county election commissions. Any state or local political party or caucus of such political party established by members of either house of the general assembly that controls or operates one (1) or more political campaign committees shall report all receipts and disbursements by the party in the same manner and at the same time that it reports contributions and expenditures by the party's political campaign committee. Reports filed under this section shall not be cumulative, except as provided in subsection (g) regarding appointment of a political treasurer. Each report shall reflect the total for its own reporting period. “Date of the receipt”, as used in this section, means the date when the contribution was received by the candidate, candidate's committee, or treasurer. Acts 1980, ch. 861, § 6; 1981, ch. 136, § 1; 1984, ch. 683, §§ 3, 7; 1989, ch. 585, §§ 11-13; 1990, ch. 1078, §§ 1, 2; 1991, ch. 519, §§ 3, 4; 1995, ch. 531, §§ 9, 11-13; 1996, ch. 1005, § 2; 1997, ch. 410, §§ 1, 2; 1998, ch. 650, §§ 1-3; 2000, ch. 925, § 1; 2004, ch. 915, § 2; 2006 (1st Ex. Sess.), ch. 1, § 2; 2010, ch. 685, § 1; 2012, ch. 693, § 1. Compiler's Notes. Acts 2004, ch. 915, § 1 provided that the act is and may be cited as the “Public Accountability and Disclosure Act of 2004”. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.” Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4. Law Reviews. Curtailing the Cudgel of “Coordination” by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance, 48 U. Mem. L. Rev. 463 (2017). Attorney General Opinions. Independent election expenditures, OAG 96-90 (7/24/96). Disclosure of receipts by state political parties with multicandidate campaign committees, OAG 98-0121 (7/10/98). Requirement of new certification of political treasurer, OAG 98-0122 (7/10/98). Attribution and disclosure of post-election contribution to successful debt-free candidate, OAG 98-0122 (7/10/98). Application of campaign finance legislation to limited liability companies, OAG 99-086 (4/8/99). A group or organization becomes a multicandidate political campaign committee when it appoints or certifies a political treasurer to the Registry of Election Finance pursuant to subsection (e) of this section, OAG 03-112 (9/9/03). Filing of disclosure statements by corporations for independent expenditures. OAG 10-39, 2010 Tenn. AG LEXIS 39 (3/30/10). Application of campaign finance laws to limited liability companies. OAG 11-83, 2011 Tenn. AG LEXIS 85 (12/29/11). State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016). The disclaimer requirements of T.C.A. § 2-19-120 apply when a person finances an election-related communication on a social media platform. T.C.A.. § 2-10-105 is also applicable to political communications on social media platforms. OAG 18-37, 2018 Tenn. AG LEXIS 36 (8/14/2018).