410-RICR-10-00-5. Eligibility For Matching Public Funds For Candidates For General Office (MPF #01-01) (version Periodic Refile, 01/12/2007 to 01/12/2007)

MPF#01-01. ELIGIBILITY FOR MATCHING PUBLIC FUNDS FOR CANDIDATES FOR GENERAL OFFICE (Regulations pursuant to Chapter 17-25 “RI Campaign Contributions & Expenditures Reporting Act”) The Rhode Island Board of Elections (the “Board”) hereby adopts the within rules and regulations relating to the “Rhode Island Campaign Contributions & Expenditures Reporting Act” (the “Act”) pursuant to and in accordance with the provisions of section 17-25-5 of the Rhode Island general Laws of 1956, as amended. Said rules and regulations are being established pursuant to the Administrative Procedures Act (RIGL 42-35) and are available for public inspection, submissions or requests at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island. MPF #01-01. Eligibility For Matching Public Funds For Candidates For General Office. The Board of Elections recognizes that conflicts and ambiguities exist in the Rhode Island general laws for persons seeking general office with regards to their eligibility for matching public funds if, during the first two years of a four-year election cycle, those persons were candidates for any other public office. In recognition of these conflicts and ambiguities the Board is promulgating the following regulations with respect to candidate eligibility for matching public funds. 1) Contributions. a) Incumbent general officeholders & persons who were not candidates for any other public office during the first two years of a four-year election cycle as defined in §17-25-3(5). All contributions received by incumbent general officeholders and persons who were not candidates for any other public office during the first two years of a four-year election cycle, which otherwise qualify to be matched with public funds pursuant to the provisions of §17-25, shall be eligible to be matched with public funds. b) Persons who were candidates for public office during the first two years of a four-year election cycle as defined in §17-25-3(5). All contributions received during the last two years of a four-year election cycle, which otherwise qualify to be matched with public funds pursuant to the provisions of §17-25, shall be eligible to be matched with public funds. Further, the balance of funds remaining in a campaign account or accounts, as reported to the Board of Elections, as of December 31st in the even-numbered year between elections for general officers and carried forward shall be treated as a contribution by the candidate to his/her own campaign for general office and counted toward the contribution limits for that office; provided, however, that no candidate shall be permitted to carry forward in excess of five percent (5%) of the total amount which a candidate is permitted to expend in a primary and general election campaign for the general office sought pursuant to §17-25- 19 and §17-25-21 and that only $1,000 of such amount shall be eligible for matching public funds. The campaign fund balance beyond the five percent (5%) permitted to be carried forward shall not be permitted to be expended and shall be placed in a separate campaign account which shall be inactive for the period commencing on the day the person becomes a declared candidate for general office pursuant to §17-14-1 and concluding with the final audit of the campaign by the Board of Elections. 1) Expenditures. a) Incumbent general officeholders & persons who were not candidates for any other public office during the first two years of a four-year election cycle as defined in §17-25-3(5). All expenditures incurred during the four-year election cycle shall be included as part of the expenditure limitations established by the Board of Elections pursuant to §17-25-20. b) Persons who were candidates for public office during the first two years of a four-year election cycle as defined in §17-25-3(5). The expenditures incurred during the first two years of a four-year election cycle shall not be included as part of the expenditure limitations established by the Board of Elections pursuant to §17-25-20. 2