3 CAR § 20-101. Definitions

As used in this part: (1)(A) “Approved political action committee” means any person who: (i) Receives contributions from one (1) or more persons in order to make contributions to: (a) Candidates; (b) Campaign committees; (c) Ballot question committees; (d) Legislative question committees; (e) Political parties; (f) County political party committees; or (g) Other political action committees; (ii) Does not accept any contribution or cumulative contributions in excess of ten thousand dollars ($10,000) from any person in any calendar year; and (iii) Registers pursuant to Arkansas Code § 7-6-215 prior to making contributions. (B) An approved political action committee shall not include: (i) An organized political party as defined in Arkansas Code § 7-1-101; (ii) A county political party committee; (iii) The candidate's own campaign committee; (iv) An exploratory committee; or (v) A ballot question committee or legislative question committee; (2)(A) “Contribution” means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payments for services, dues, advancements, forbearance, loans, pledges or promises of money or anything of value, whether or not legally enforceable, to a person receiving same for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) “Contribution” includes the purchase of tickets for events, such as dinners, luncheons, rallies, and similar fundraising events, and the granting of discounts or rebates by television and radio stations and newspapers, not extended on an equal basis to all persons for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (C) “Contribution” shall not include: (i) Noncompensated, nonreimbursed volunteer personal services or travel; (ii) Activities designed solely to encourage individuals to vote or to register to vote; or (iii) Any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination; (3) “Disqualification of a local-option ballot question” means any action or process, legal or otherwise, which seeks to prevent a local-option ballot question from being on the ballot at an election; (4) “Elected official” means any person holding an elective office of any governmental body, whether elected or appointed to the office; (5)(A) “Expenditure” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) “Expenditure” does not include an expenditure made for communication by a person strictly with the person’s paid members or shareholders; (6) “Governmental body” means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (7)(A) “In-kind contribution” means a contribution of goods, services, or any other thing of value, or its use, other than money and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make such a contribution in the future. (B) A person makes an “in-kind contribution” whenever, in conjunction with the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question, such person purchases, sells, or leases an item, or provides a service to or on behalf of a ballot or legislative question committee without charge or for a charge which is less than the fair market value of the item or service provided. (C) The difference between the fair market value and the charge shall be the value of the in-kind contribution; (8) “Local-option ballot question” means a question in the form of a local-option initiative which is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot; (9)(A) “Local-option ballot question committee” means any person, located within or outside Arkansas, who receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any local-option ballot question, or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any local-option ballot question. (B) A person other than an individual or an approved political action committee as defined in 3 CAR § 20-101(1), located within or outside Arkansas, also qualifies as a local-option ballot question committee if two percent (2%) or more of the committee’s annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (10)(A) “Person” means any: (i) Individual; (ii) Business; (iii) Proprietorship; (iv) Firm; (v) Partnership; (vi) Joint venture; (vii) Syndicate; (viii) Business trust; (ix) Labor organization; (x) Company; (xi) Corporation; (xii) Association; (xiii) Committee; or (xiv) Other organization or group of persons acting in concert. (B) “Person” includes a public servant or governmental body using public funds to expressly advocate the qualification, disqualification, passage, or defeat of any local-option ballot question; (11)(A) “Political party” means any group of voters which: (i) At the last preceding general election, polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office; or (ii) Has filed a petition with the Secretary of State containing at the time of filing the signatures of at least ten thousand (10,000) registered voters in the State of Arkansas, declaring the intention of organizing a political party, the name of which shall be stated in the declaration, and of participating in the next general election, and which has been declared a new political party by the Secretary of State. (B) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the office of Governor or nominees for presidential electors, it shall cease to be a political party; (12)(A) “Prohibited political action committee” means any person who receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees but who does not meet the requirements of an approved political action committee. (B) A prohibited political action committee shall not include: (i) A political party: (a) As defined in Arkansas Code § 7-1-101; or (b) That meets the requirements of Arkansas Code § 7-7-205; (ii) The candidate's own campaign committee; (iii) A county political party committee; (iv) An exploratory committee; or (v) A ballot or legislative question committee; (13)(A) “Public appointee” means an individual who is appointed to a governmental body. (B) It does not include an individual appointed to an elective office; (14)(A) “Public employee” means an individual who is employed by a governmental body or who is appointed to serve a governmental body. (B) It does not include public officials or public appointees; (15)(A) “Public official” means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office. (B) “Public official” includes without limitation a member of a school district board of directors; (16) “Public servant” means all: (A) Public officials; (B) Public employees; and (C) Public appointees; and (17) “Qualification of a local-option ballot question” means any action or process, legal or otherwise, through which a local-option ballot question obtains certification to be on the ballot at an election.