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2003 SESSION

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CHAPTER 257 An Act to amend the Code of Virginia by adding a section numbered 24.2-910.1, relating to referendum committees advocating passage or defeat of a referendum; disclosure. [H 2304] Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 24.2-910.1 as follows:

§ 24.2-910.1. Referendum committees advocating passage or defeat of a referendum; disclosure.

A. The Commonwealth has the obligation to promote an informed and knowledgeable electorate in referenda elections. The electorate will be better able to judge the implications of its vote in referenda if it has knowledge of the committees that make substantial expenditures to advocate the passage or defeat of a referendum.

B. The provisions of this section shall be applicable to any referendum committee. For the purposes of this section a referendum committee means any person, group of persons, or committee that makes expenditures in a calendar year in excess of (i) $10,000 to advocate the passage or defeat of a statewide referendum, (ii) $5,000 to advocate the passage or defeat of a referendum being held in two or more counties and cities, and (iii) $1,000 to advocate the passage or defeat of a referendum held in a single county or city.

C. A referendum committee shall file (i) a statement of organization pursuant to § 24.2-908 within 10 days after its organization or, if later, within 10 days after the date on which it has information that causes the committee to anticipate it will make expenditures in excess of the pertinent amount stated in subsection B and (ii) annually thereafter by January 15 until a final report is filed. The statement of organization shall include the information required in subdivisions 1, 3, 4, 5, 7, 9, 10, 11, and 12 of subsection A of § 24.2-908.

D. A referendum committee that is subject to the provisions of this section shall maintain a separate account for the receipt and disbursement of funds expended to advocate the passage or defeat of a referendum. It shall file the disclosure reports required by § 24.2-914.

E. A referendum committee that is subject to the provisions of this section shall (i) file the disclosure reports required by § 24.2-914 in accordance with the schedule set out in § 24.2-916 if it advocates the passage or defeat of a referendum held on a November general election date; (ii) file its disclosure reports in accordance with the schedule set out in § 24.2-917 if it advocates the passage or defeat of a referendum held on a May general election date; or (iii) file its disclosure reports in accordance with the schedule set out in § 24.2-918 if it advocates the passage or defeat of a referendum held on a date other than a November or May general election date.

F. The provisions of Chapter 9.2 (§ 24.2-941 et seq.) of this title shall not be applicable to advertisements sponsored by political committees that are subject to the provisions of this section.