Tennessee § 2-10-310 - Fund raising during general assembly session.

§ 2-10-310. Fund raising during general assembly session.

Except as provided in subdivisions (a)(2) and (a)(3), from the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, no member of the general assembly or a member's campaign committee or the governor or the governor's campaign committee shall conduct a fundraiser or solicit or accept contributions for the benefit of the caucus, any caucus member or member or candidate of the general assembly or governor. During such period, a member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for such campaign for local public office only under the following conditions: Such fundraising events may be held only in the county in which such member is a candidate for local public office; Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county; Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property; The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office. It shall be unlawful for any lobbyist or employer of a lobbyist to make any contribution to such member's campaign committee during such period for any purpose. All contributions raised as a result of fundraising or a fundraising event authorized and held in accordance with subdivision (a)(2) shall be reported on a form prescribed and provided by the registry of election finance for such purposes. Such form shall be filed with and attached to the applicable campaign finance disclosure report. The following disclosures shall be made on such form: The amount of contributions collected as a result of such fundraising event; The date and place such fundraising event was held; The dates on which such contributions were accepted; and All other information required by law to be reported on a campaign financial disclosure report. From the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, a political campaign committee controlled by a political party on the national, state, or local level, or controlled by a caucus of such political party established by members of either house of the general assembly, or established or controlled by any member of the general assembly, that makes contributions to a candidate for the general assembly or governor for election or to defray the expenses of such person's office shall not conduct a fundraiser, solicit or accept contributions for the benefit of the caucus, any caucus member or candidate for the general assembly or governor. Excess funds for election to a local public office are not eligible for transfer under § 2-10-114 to a campaign account for election to the general assembly or governor. Acts 1995, ch. 531, § 1; 1998, ch. 1062, § 7; 2002, ch. 470, § 1; 2006 (1st Ex. Sess.), ch. 1, §§ 17, 18; 2011, ch. 389, § 7. Compiler's Notes. 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.” Attorney General Opinions. Fund raising for campaign for local office, OAG 97-147 (10/23/97). Fund raising for campaign for judicial office, OAG 97-148 (10/23/97). Application to recall petition for city council member, OAG 97-149 (10/23/97). Nonlegislators not barred from fund raising, OAG 97-158 (12/01/97). Contribution of candidate's personal funds during legislative session, OAG 98-061 (3/9/98), OAG 98-062 (3/9/98). Legislative history and construction of subsection (a), OAG 98-061 (3/9/98), OAG 98-062 (3/9/98). Legislator's use of personal or borrowed funds in campaign during legislative session, OAG 98-062 (3/9/98). Campaign fundraising by legislator for county office, OAG 00-011 (1/24/00). A state legislator can legally raise money for a federal race while the state legislature is in session; the prohibition on legislative fundraising does not apply to campaigns for federal office, OAG 00-185 (12/13/00). The statute does not prohibit a multicandidate political campaign committee, which is not associated with a political party but whose treasurer is a state legislator, from soliciting or accepting contributions during the legislative session, so long as the committee is not a conduit for contributions to a member or candidate of the general assembly or governor, OAG 02-005 (1/3/02). Notwithstanding the 2002 amendment to T.C.A. § 2-10-310(a)(2) , the statute still prohibits a member of the legislature from soliciting and accepting contributions from multicandidate political campaign committees for a local election during the periods specified in the statute, OAG 02-049 (4/17/02). In even-numbered years before May 15 or the end of the regular annual session, whichever is earlier, a member of the general assembly may not solicit or accept campaign contributions for the member's legislative campaign for state office; a legislator may solicit or accept campaign contributions for the campaign for local office only under the narrow circumstances outlined in T.C.A. § 2-10-310(a)(2) , OAG 02-062 (5/16/02). A legislator may not accept the payment of a pledge from the convening of the general assembly through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the General Assembly to the earlier of May 15 or the conclusion of the annual session in even years, OAG 04-030 (2/25/04). Constitutionality of ban on in-session contributions, OAG 07-017 (2/13/07). Constitutionality of ban on in-session contributions, OAG 07-020 (2/26/07). Member of the general assembly may raise funds for a campaign for election to a federal office while the general assembly is in session, OAG 09-017 (2/25/09). Constitutionality of restriction on fund-raising activities of incumbent legislators; legislative power to fill vacancy in judicial office by appointment. OAG 10-11, 2010 Tenn. AG LEXIS 11 (1/28/10).