Senate Bill sb1842c1
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Florida Senate - 2002 CS for SB's 1842, 1124 & 498
By the Committee on Ethics and Elections; and Senators Lee,
Futch, Smith, Constantine, King, Sanderson, Pruitt, Latvala,
Campbell, Sullivan, Geller, Klein, Crist, Sebesta, Posey,
Dyer, Brown-Waite and Lawson
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1 A bill to be entitled
2 An act relating to elections; amending s.
3 106.011, F.S.; redefining the term "political
4 committee"; redefining the term "communications
5 media"; amending s. 106.07, F.S.; changing the
6 fine for certain late-filed reports; amending
7 s. 106.11, F.S.; authorizing the use of debit
8 cards for campaigns; providing requirements;
9 amending s. 106.12, F.S.; increasing the amount
10 for petty cash expenditures; amending s.
11 106.141, F.S.; requiring the filing officer to
12 notify candidates before the date the final
13 report is due; increasing the amount of surplus
14 funds that certain successful candidates may
15 contribute to an office account; amending s.
16 106.1437, F.S.; modifying reporting
17 requirements for miscellaneous advertisements
18 intended to influence public policy;
19 prescribing penalties; amending s. 106.15,
20 F.S.; expanding the prohibition on the use of
21 state employees for campaign purposes during
22 working hours to county, municipal, and
23 district employees; amending s. 106.19, F.S.;
24 conforming a statutory cross-reference;
25 providing for severability; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (1) and (13) of section
31 106.011, Florida Statutes, are amended to read:
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1 106.011 Definitions.--As used in this chapter, the
2 following terms have the following meanings unless the context
3 clearly indicates otherwise:
4 (1)(a) "Political committee" means:
5 1. A combination of two or more individuals, or a
6 person other than an individual, that, in an aggregate amount
7 in excess of $500 during a single calendar year:
8 a. Accepts contributions for the purpose of making
9 contributions to any candidate, political committee, committee
10 of continuous existence, or political party;
11 b. Accepts contributions for the purpose of expressly
12 advocating the election or defeat of a candidate or the
13 passage or defeat of an issue;
14 c. Makes expenditures that expressly advocate the
15 election or defeat of a candidate or the passage or defeat of
16 an issue; or
17 d. Makes contributions to a common fund, other than a
18 joint checking account between spouses, from which
19 contributions are made to any candidate, political committee,
20 committee of continuous existence, or political party. the
21 primary or incidental purpose of which is to support or oppose
22 any candidate, issue, or political party, which accepts
23 contributions or makes expenditures during a calendar year in
24 an aggregate amount in excess of $500; "political committee"
25 also means
26 2. The sponsor of a proposed constitutional amendment
27 by initiative who intends to seek the signatures of registered
28 electors.
29 (b) Notwithstanding paragraph (a), the following
30 entities are not considered political committees for purposes
31 of this chapter:
2
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1 1. Organizations which are certified by the Department
2 of State as committees of continuous existence pursuant to s.
3 106.04, national political parties, and the state and county
4 executive committees of political parties regulated by chapter
5 103 shall not be considered political committees for the
6 purposes of this chapter.
7 2. Corporations regulated by chapter 607 or chapter
8 617 or other business entities formed for purposes other than
9 to support or oppose issues or candidates, are not political
10 committees if their political activities are limited to
11 contributions to candidates, political parties, or political
12 committees or expenditures in support of or opposition to an
13 issue from corporate or business funds and if no contributions
14 are received by such corporations or business entities.
15 (13) "Communications media" means broadcasting
16 stations, newspapers, magazines, outdoor advertising
17 facilities, printers, direct mailing companies, advertising
18 agencies, the internet, and telephone companies; but with
19 respect to telephones, an expenditure shall be deemed to be an
20 expenditure for the use of communications media only if made
21 for the costs of telephones, paid telephonists, or automatic
22 telephone equipment to be used by a candidate or a political
23 committee to communicate with potential voters but excluding
24 any costs of telephones incurred by a volunteer for use of
25 telephones by such volunteer.
26 Section 2. Paragraph (b) of subsection (8) of section
27 106.07, Florida Statutes, is amended to read:
28 106.07 Reports; certification and filing.--
29 (8)
30 (b) Upon determining that a report is late, the filing
31 officer shall immediately notify the candidate or chair of the
3
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1 political committee as to the failure to file a report by the
2 designated due date and that a fine is being assessed for each
3 late day. The fine shall be $50 per day for the first 3 days
4 late and, thereafter, $500 per day for each late day, not to
5 exceed 25 percent of the total receipts or expenditures,
6 whichever is greater, for the period covered by the late
7 report. However, for the reports immediately preceding each
8 primary and general election, the fine shall be $500 per day
9 for each late day, not to exceed 25 percent of the total
10 receipts or expenditures, whichever if greater, for the period
11 covered by the late report. For reports required under s.
12 106.141(7), the fine is $50 per day for each late day, not to
13 exceed 25 percent of the total receipts or expenditures,
14 whichever is greater, for the period covered by the late
15 report. Upon receipt of the report, the filing officer shall
16 determine the amount of the fine which is due and shall notify
17 the candidate or chair. The filing officer shall determine
18 the amount of the fine due based upon the earliest of the
19 following:
20 1. When the report is actually received by such
21 officer.
22 2. When the report is postmarked.
23 3. When the certificate of mailing is dated.
24 4. When the receipt from an established courier
25 company is dated.
26
27 Such fine shall be paid to the filing officer within 20 days
28 after receipt of the notice of payment due, unless appeal is
29 made to the Florida Elections Commission pursuant to paragraph
30 (c). In the case of a candidate, such fine shall not be an
31 allowable campaign expenditure and shall be paid only from
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1 personal funds of the candidate. An officer or member of a
2 political committee shall not be personally liable for such
3 fine.
4 Section 3. Section 106.11, Florida Statutes, is
5 amended to read:
6 106.11 Expenses of and expenditures by candidates and
7 political committees.--Each candidate and each political
8 committee which designates a primary campaign depository
9 pursuant to s. 106.021(1) shall make expenditures from funds
10 on deposit in such primary campaign depository only in the
11 following manner, with the exception of expenditures made from
12 petty cash funds provided by s. 106.12:
13 (1)(a) The campaign treasurer or deputy campaign
14 treasurer of a candidate or political committee shall make
15 expenditures from funds on deposit in the primary campaign
16 depository only by means of a bank check drawn upon the
17 campaign account of the candidate or political committee. The
18 campaign account shall be separate from any personal or other
19 account and shall be used only for the purpose of depositing
20 contributions and making expenditures for the candidate or
21 political committee.
22 (b) The checks for such account shall contain, as a
23 minimum, the following information:
24 1.(a) The statement "Campaign Account of ...(name of
25 candidate or political committee)...."
26 2.(b) The account number and the name of the bank.
27 3.(c) The exact amount of the expenditure.
28 4.(d) The signature of the campaign treasurer or
29 deputy treasurer.
30 5.(e) The exact purpose for which the expenditure is
31 authorized.
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1 6.(f) The name of the payee.
2 (2)(a) For purposes of this section, debit cards are
3 considered bank checks, if:
4 1. Debit cards are obtained from the same bank that
5 has been designated as the candidate's or political
6 committee's primary campaign depository.
7 2. Debit cards are issued in the name of the
8 treasurer, deputy treasurer, or authorized user and state
9 "Campaign Account of (name of candidate or political
10 committee)."
11 3. No more than three debit cards are requested and
12 issued.
13 4. Before a debit card is used, a list of all persons
14 authorized to use the card is filed with the division.
15 5. All debit cards issued to a candidate's campaign or
16 a political committee expire no later than midnight of the
17 last day of the month of the general election.
18 6. The person using the debit card does not receive
19 cash as part of, or independent of, any transaction for goods
20 or services.
21 7. All receipts for debit card transactions contain:
22 a. The last four digits of the debit card number.
23 b. The exact amount of the expenditure.
24 c. The name of the payee.
25 d. The signature of the campaign treasurer, deputy
26 treasurer, or authorized user.
27 e. The exact purpose for which the expenditure is
28 authorized.
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30 Any information required by this subparagraph but not included
31 on the debit card transaction receipt may be handwritten on,
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1 or attached to, the receipt by the authorized user before
2 submission to the treasurer.
3 (b) Debit cards are not subject to the requirements of
4 paragraph (1)(b).
5 (3)(2) The campaign treasurer, or deputy treasurer, or
6 authorized user who signs the check shall be responsible for
7 the completeness and accuracy of the information on such check
8 and for insuring that such expenditure is an authorized
9 expenditure.
10 (4)(3) No candidate, campaign manager, treasurer,
11 deputy treasurer, or political committee or any officer or
12 agent thereof, or any person acting on behalf of any of the
13 foregoing, shall authorize any expenses, nor shall any
14 campaign treasurer or deputy treasurer sign a check drawn on
15 the primary campaign account for any purpose, unless there are
16 sufficient funds on deposit in the primary depository account
17 of the candidate or political committee to pay the full amount
18 of the authorized expense, to honor all other checks drawn on
19 such account, which checks are outstanding, and to meet all
20 expenses previously authorized but not yet paid. However, an
21 expense may be incurred for the purchase of goods or services
22 if there are sufficient funds on deposit in the primary
23 depository account to pay the full amount of the incurred
24 expense, to honor all checks drawn on such account, which
25 checks are outstanding, and to meet all other expenses
26 previously authorized but not yet paid, provided that payment
27 for such goods or services is made upon final delivery and
28 acceptance of the goods or services; and an expenditure from
29 petty cash pursuant to the provisions of s. 106.12 may be
30 authorized, if there is a sufficient amount of money in the
31 petty cash fund to pay for such expenditure. Payment for
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1 credit card purchases shall be made pursuant to s. 106.125.
2 Any expense incurred or authorized in excess of such funds on
3 deposit shall, in addition to other penalties provided by law,
4 constitute a violation of this chapter.
5 (5)(4) A candidate who withdraws his or her candidacy,
6 becomes an unopposed candidate, or is eliminated as a
7 candidate or elected to office may expend funds from the
8 campaign account to:
9 (a) Purchase "thank you" advertising for up to 75 days
10 after he or she withdraws, becomes unopposed, or is eliminated
11 or elected.
12 (b) Pay for items which were obligated before he or
13 she withdrew, became unopposed, or was eliminated or elected.
14 (c) Pay for expenditures necessary to close down the
15 campaign office and to prepare final campaign reports.
16 (d) Dispose of surplus funds as provided in s.
17 106.141.
18 Section 4. Subsection (3) of section 106.12, Florida
19 Statutes, is amended to read:
20 106.12 Petty cash funds allowed.--
21 (3) The petty cash fund so provided shall be spent
22 only in amounts less than $100 $30 and only for office
23 supplies, transportation expenses, and other necessities.
24 Petty cash shall not be used for the purchase of time, space,
25 or services from communications media as defined in s.
26 106.011(13).
27 Section 5. Subsections (5) and (7) of section 106.141,
28 Florida Statutes, are amended to read:
29 106.141 Disposition of surplus funds by candidates.--
30 (5) A candidate elected to office or a candidate who
31 will be elected to office by virtue of his or her being
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1 unopposed may, in addition to the disposition methods provided
2 in subsection (4), transfer from the campaign account to an
3 office account any amount of the funds on deposit in such
4 campaign account up to:
5 (a) Twenty Ten thousand dollars, for a candidate for
6 statewide office. The Governor and Lieutenant Governor shall
7 be considered separate candidates for the purpose of this
8 section.
9 (b) Five thousand dollars, for a candidate for
10 multicounty office.
11 (c) Five Two thousand five hundred dollars multiplied
12 by the number of years in the term of office for which
13 elected, for a candidate for legislative office.
14 (d) Two One thousand five hundred dollars multiplied
15 by the number of years in the term of office for which
16 elected, for a candidate for county office or for a candidate
17 in any election conducted on less than a countywide basis.
18 (e) Six thousand dollars, for a candidate for
19 retention as a justice of the Supreme Court.
20 (f) Three thousand dollars, for a candidate for
21 retention as a judge of a district court of appeal.
22 (g) One thousand five hundred dollars, for a candidate
23 for county court judge or circuit judge.
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25 The office account established pursuant to this subsection
26 shall be separate from any personal or other account. Any
27 funds so transferred by a candidate shall be used only for
28 legitimate expenses in connection with the candidate's public
29 office. Such expenses may include travel expenses incurred by
30 the officer or a staff member, personal taxes payable on
31 office account funds by the candidate or elected public
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1 official, or expenses incurred in the operation of his or her
2 office, including the employment of additional staff. The
3 funds may be deposited in a savings account; however, all
4 deposits, withdrawals, and interest earned thereon shall be
5 reported at the appropriate reporting period. If a candidate
6 is reelected to office or elected to another office and has
7 funds remaining in his or her office account, he or she may
8 transfer surplus campaign funds to the office account. At no
9 time may the funds in the office account exceed the limitation
10 imposed by this subsection. Upon leaving public office, any
11 person who has funds in an office account pursuant to this
12 subsection remaining on deposit shall give such funds to a
13 charitable organization or organizations which meet the
14 requirements of s. 501(c)(3) of the Internal Revenue Code or,
15 in the case of a state officer, to the state to be deposited
16 in the General Revenue Fund or, in the case of an officer of a
17 political subdivision, to the political subdivision to be
18 deposited in the general fund thereof.
19 (7)(a) Any candidate required to dispose of campaign
20 funds pursuant to this section shall do so within the time
21 required by this section and shall, on or before the date by
22 which such disposition is to have been made, file with the
23 officer with whom reports are required to be filed pursuant to
24 s. 106.07 a form prescribed by the Division of Elections
25 listing:
26 1.(a) The name and address of each person or unit of
27 government to whom any of the funds were distributed and the
28 amounts thereof;
29 2.(b) The name and address of each person to whom an
30 expenditure was made, together with the amount thereof and
31 purpose therefor; and
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1 3.(c) The amount of such funds transferred to an
2 office account by the candidate, together with the name and
3 address of the bank in which the office account is located.
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5 Such report shall be signed by the candidate and the campaign
6 treasurer and certified as true and correct pursuant to s.
7 106.07.
8 (b) The filing officer shall notify each candidate at
9 least 14 days before the date the report is due.
10 (c) Any candidate failing to file a report on the
11 designated due date shall be subject to a fine as provided in
12 s. 106.07 for submitting late termination reports.
13 Section 6. Section 106.1437, Florida Statutes, is
14 amended to read:
15 106.1437 Miscellaneous advertisements.--
16 (1) As used in this section, the terms:
17 (a) "Electioneering advertisement" means a paid
18 expression in any communications media prescribed in s.
19 106.011(13) published on the day of any election or any of the
20 the preceding 29 days which names or depicts a candidate for
21 office in that election or which references a clearly
22 identifiable ballot measure in that election. Any
23 advertisement that qualifies as an independent expenditure
24 pursuant to s. 106.011(5) or a political advertisement
25 pursuant to s. 106.011(17) is not an electioneering
26 advertisement for purposes of this section.
27 (b) "Contribution" means:
28 1. A gift, subscription, conveyance, deposit, loan,
29 payment, or distribution of money or anything of value,
30 including contributions in kind having an attributable
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1 monetary value in any form, made for the purpose of funding or
2 sponsoring an electioneering advertisement.
3 2. A transfer of funds between a political committee
4 or a committee or continuous existence and a person funding or
5 sponsoring an electioneering advertisement.
6 3. The payment, by any person other than a candidate
7 or political committee, of compensation for the personal
8 services of another person which are rendered to a person
9 funding or sponsoring an electioneering advertisement.
10 (c) "Expenditure" means a purchase, payment,
11 distribution, loan, advance, or gift of money or anything of
12 value made for the purpose of funding or sponsoring an
13 electioneering advertisement. However, the term does not
14 include a purchase, payment, distribution, loan, advance, or
15 gift of money or anything of value made for the purpose of
16 funding or sponsoring an electioneering advertisement when
17 made by an organization, in existence prior to the time during
18 which a candidate qualifies or a ballot measure is placed on
19 the ballot for that election, for the purpose of printing or
20 distributing such organization's newsletter, containing a
21 statement by such organization in support of or opposition to
22 a candidate or ballot measure, which newsletter is distributed
23 only to members of such organization.
24 (2) Each person that sponsors or funds an
25 electioneering advertisement must file regular reports of all
26 contributions received and all expenditures made by such
27 person with the same officer as a political committee
28 supporting or opposing the candidate named or depicted or the
29 ballot measure referenced in the advertisement. Such reports
30 must contain the same information and are subject to the same
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1 filing requirements as reports required of candidates in s.
2 106.07.
3 (3)(a) If the initial publication of the
4 electioneering advertisement occurs after the final regular
5 report is due under subsection (2) but prior to the closing of
6 the polls on election day, the person funding or sponsoring
7 the advertisement must file a report electronically with the
8 division no later than 1 hour after the initial publication of
9 the advertisement. The report must contain the same
10 information as required of a candidate by s. 106.07(4). Upon
11 receipt of the filing, the division shall electronically
12 transmit a confirmation of receipt to the person filing the
13 report. If the person is unable to file electronically for any
14 reason, a written report containing the required information
15 may be faxed or hand delivered to the division no later than 1
16 hour after the initial publication of the advertisement.
17 However, if a report due to be filed under this paragraph on a
18 Saturday, Sunday, or legal holiday cannot be electronically
19 filed because of problems with Internet communications, the
20 report must be filed either electronically, by facsimile, or
21 by hand delivery with the division no later than 10 a.m. on
22 the next business day.
23 (b) The division shall adopt rules providing for
24 electronic filing which must, at a minimum, provide that:
25 1. The division develop an electronic filing system
26 using the Internet or other on-line technologies; and
27 2. The system be reasonably secure and be designed to
28 elicit the name, address, birthdate, and any other information
29 necessary to authenticate the identity of the person
30 submitting the report.
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1 (c) Information filed with the division pursuant to
2 this subsection must also be included on the next regular
3 report required under subsection (2).
4 (4)(a) The following persons shall be responsible for
5 filing the reports required in subsections (2) and (3), shall
6 certify as to the correctness of each report, and shall bear
7 the responsibility for the accuracy and veracity of each
8 report:
9 1. The candidate and his or her campaign treasurer, if
10 the person funding or sponsoring the electioneering
11 advertisement is a candidate.
12 2. The committee chair and treasurer of the committee,
13 if the person funding or sponsoring the electioneering
14 advertisement is a political committee, committee of
15 continuous existence, or executive committee of a political
16 party;
17 3. The individual, if the person funding or sponsoring
18 the electioneering advertisement is a natural person who is
19 not a candidate; or
20 4. An individual designated by the organization, if
21 the person funding or sponsoring the electioneering
22 advertisement is a group other than a political committee,
23 committee of continuous existence, or executive committee of a
24 political party. The name, address, and title of the
25 designated individual must be filed with the division in
26 writing prior to, or contemporaneous with, the filing of the
27 initial report.
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29 Such a person is liable for violations of report filing
30 requirements to the same extent as candidates pursuant to ss.
31 106.07(5), 106.19 and 106.265.
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1 (b) In addition to the penalties prescribed in
2 paragraph (a), the person funding or sponsoring an
3 electioneering advertisement and the person responsible for
4 reporting pursuant to this subsection shall be jointly and
5 severally liable for late filing fines assessed by the Florida
6 Elections Commission pursuant to s. 106.07(8). Any such person
7 may appeal or dispute the fine in accordance with the
8 provisions of s. 106.07(8)(c).
9 (6)(a) Any electioneering advertisement must
10 prominently state, "Paid advertisement paid for or sponsored
11 by ... (Name of person funding or sponsoring the
12 electioneering advertisement)...," followed by the address of
13 the person funding or sponsoring the advertisement.
14 (b) The Florida Elections Commission is authorized
15 upon finding a violation of this subsection to impose a civil
16 penalty in the form of fines not to exceed $5,000 or the total
17 cost of the advertisements without the proper disclaimer,
18 whichever is greater. In determining the amount of the
19 penalty, the commission must consider any mitigating or
20 aggravating circumstances prescribed in s. 106.265. This
21 penalty shall substitute for the penalties provided in s.
22 106.265, shall be deposited into the General Revenue Fund of
23 the state, and, if necessary, shall be collected pursuant to
24 s. 106.265(2). Any advertisement, other than a political
25 advertisement, on billboards, bumper stickers, radio, or
26 television, or in a newspaper, a magazine, or a periodical,
27 intended to influence public policy or the vote of a public
28 official, shall clearly designate the sponsor of such
29 advertisement by including a clearly readable statement of
30 sponsorship. If the advertisement is broadcast on television,
31 the advertisement shall also contain a verbal statement of
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1 sponsorship. This section shall not apply to an editorial
2 endorsement.
3 Section 7. Subsection (3) of section 106.15, Florida
4 Statutes, is amended to read:
5 106.15 Certain acts prohibited.--
6 (3) A No candidate may not shall, in the furtherance
7 of his or her candidacy for nomination or election to public
8 office in any election, use the services of any state, county,
9 municipal, or district officer or employee of the state during
10 working hours.
11 Section 8. Subsection (1) of section 106.19, Florida
12 Statutes, is amended to read:
13 106.19 Violations by candidates, persons connected
14 with campaigns, and political committees.--
15 (1) Any candidate; campaign manager, campaign
16 treasurer, or deputy treasurer of any candidate; committee
17 chair, vice chair, campaign treasurer, deputy treasurer, or
18 other officer of any political committee; agent or person
19 acting on behalf of any candidate or political committee; or
20 other person who knowingly and willfully:
21 (a) Accepts a contribution in excess of the limits
22 prescribed by s. 106.08;
23 (b) Fails to report any contribution required to be
24 reported by this chapter;
25 (c) Falsely reports or deliberately fails to include
26 any information required by this chapter; or
27 (d) Makes or authorizes any expenditure in violation
28 of s. 106.11(4) s. 106.11(3) or any other expenditure
29 prohibited by this chapter;
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1 is guilty of a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 Section 9. If any provision of this act or its
4 application to any person or circumstance is held invalid, the
5 invalidity does not affect other provisions or applications of
6 the act which can be given effect without the invalid
7 provision or application, and to this end the provisions of
8 this act are severable.
9 Section 10. This act shall take effect July 1, 2002.
10
11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bills 1842, 1124 and 498
13
14 The committee substitute differs from the original three bills
in that it: combines and modifies several sections of the
15 bills dealing with issue advocacy advertisements, and locates
them in an existing, single section of Florida law entitled
16 "Miscellaneous Advertisements"; increases the amount of
surplus funds that certain candidates can contribute to an
17 office account; and increases the petty cash amount that a
campaign can spend on a single transaction from $50 to $100.
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