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Rule Title: EXPENDITURE - DEFINITION
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Department: SECRETARY OF STATE
Chapter: COMMISSIONER OF POLITICAL PRACTICES
Subchapter: Reporting Obligations and Expenditures
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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44.11.501    EXPENDITURE - DEFINITION

(1) For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "expenditure" as defined in 13-1-101, MCA, includes:

(a) each expenditure as described in 13-37-229 and 13-37-232, MCA;

(b) expenses incurred by a candidate or political committee with respect to polls, surveys, and the solicitation of funds for reportable election activity;

(c) expenses incurred in the drafting, printing, distribution, and collection of signatures for any petition for nomination or a ballot issue;

(d) a candidate's own expense, except as provided in 13-1-101, MCA, and as further explained in (4);

(e) payment of interest on a loan or other credit received;

(f) an in-kind expenditure, as defined in (2);

(g) an independent expenditure, as defined in (3); and

(h) a coordinated expenditure, as defined in (4).

(2) The term "in-kind expenditure" means a third party reportable election activity expenditure, such as payment for goods or services, that does not go through the campaign depository. In the event that the third party election activity involves the furnishing of services, property, or rights without charge or at a charge that is less than fair market value in a manner that creates a reportable election expense, then the difference between the amount charged and the fair market value must be reported as an in-kind expenditure. An "in-kind expenditure" includes, but is not limited to, the forgiveness of any loan or debt owed by a candidate or political committee.

(3) The term "independent expenditure" has the meaning set out in 13-1-101, MCA.

(4) The term "coordinated expenditure" is an expenditure that is "coordinated" as defined in 13-1-101, MCA, or involves "coordination" as defined in ARM 44.11.602.

(a) A campaign expense paid personally by an individual in his or her own campaign is always coordinated with and is a campaign expense under (1)(d) that must be reported and disclosed with the same information as an expense by the campaign in the same manner as an expense paid through the campaign depository account.

(b) The candidate must balance his or her campaign finance report by reporting the amount of the expense as an in-kind contribution and/or loan by the candidate sufficient to balance the total amount of campaign expenses personally paid by the candidate.

(i) Any such candidate personal expenditure repaid by the candidate's campaign shall be disclosed and reported both as a campaign expenditure and as a repaid loan, even if both events take place in a single reporting period.

(ii) Any such candidate personal expenditure that is not repaid by the candidate's campaign shall be disclosed and reported both as a candidate contribution and as a campaign expenditure.

(5) An expenditure does not include reportable election activity carried out solely by one individual that is not coordinated with any candidate, ballot issue, or political committee.

 

The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.323 (ARM 44.11.501) EXPENDITURE - DEFINITION in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 20 Senators voted the proposed rule is contrary to legislative intent; 49 Representatives voted the proposed rule is consistent with legislative intent; and 36 Representatives voted the proposed rule is contrary to legislative intent.

 

History: 13-37-114, MCA; IMP, 13-1-101, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, from 44.10.323, 2016 MAR p. 28, Eff. 1/9/16.


 

 
MAR Notices Effective From Effective To History Notes
44-2-207 1/9/2016 Current History: 13-37-114, MCA; IMP, 13-1-101, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, from 44.10.323, 2016 MAR p. 28, Eff. 1/9/16.
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