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2006 SESSION


CHAPTER 892
An Act to amend and reenact §§ 2.2-419, 2.2-3103, 2.2-3117, 19.2-8, 24.2-101, 24.2-405, 24.2-622, 24.2-676, 24.2-680, 30-103, 30-111, and 30-127 of the Code of Virginia; to amend the Code of Virginia by adding in Title 24.2 a chapter numbered 9.3, consisting of sections numbered 24.2-945 through 24.2-953.4, a chapter numbered 9.4, consisting of a section numbered 24.2-954, and a chapter numbered 9.5, consisting of sections numbered 24.2-955 through 24.2-959.1; and to repeal § 24.2-503.1 of the Code of Virginia, Chapter 9 (§§ 24.2-900 through 24.2-930), Chapter 9.1 (§ 24.2-940), and Chapter 9.2 (§§ 24.2-941 through 24.2-944) of Title 24.2 of the Code of Virginia, and §§ 24.2-1013 and 24.2-1014.1 of the Code of Virginia; relating to enactment of the Campaign Finance Disclosure Act of 2006 and provisions on campaign fundraising during legislative sessions and political campaign advertisements, to the reorganization and clarification of such provisions, and to amendments to cross-references to such provisions.
[S 141]
Approved April 19, 2006

 

Be it enacted by the General Assembly of Virginia:

1.  That §§ 2.2-419, 2.2-3103, 2.2-3117, 19.2-8, 24.2-101, 24.2-405, 24.2-622, 24.2-676, 24.2-680, 30-103, 30-111, and 30-127 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 24.2 a chapter numbered 9.3, consisting of sections numbered 24.2-945 through 24.2-953.4, a chapter numbered 9.4, consisting of a section numbered 24.2-954, and a chapter numbered 9.5, consisting of sections numbered 24.2-955 through 24.2-959.1, as follows:

§ 2.2-419. Definitions.

As used in this article, unless the context requires a different meaning:

"Anything of value" means:

1. A pecuniary item, including money, or a bank bill or note;

2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;

3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

4. A stock, bond, note, or other investment interest in an entity;

5. A receipt given for the payment of money or other property;

6. A right in action;

7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

8. A loan or forgiveness of indebtedness;

9. A work of art, antique, or collectible;

10. An automobile or other means of personal transportation;

11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;

12. An honorarium or compensation for services;

13. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive or legislative official, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;

14. A promise or offer of employment; or

15. Any other thing of value that is pecuniary or compensatory in value to a person.

"Anything of value" does not mean a campaign contribution properly received and reported pursuant to Chapter 9 (§ 24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

"Compensation" means:

1. An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or

2. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, for services rendered or to be rendered.

"Compensation" does not mean reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses.

"Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor.

"Executive agency" means an agency, board, commission, or other body in the executive branch of state government. "Executive agency" includes the State Corporation Commission, the Virginia Department of Workers' Compensation, and the State Lottery Department.

"Executive official" means:

1. The Governor;

2. The Lieutenant Governor;

3. The Attorney General;

4. Any officer or employee of the office of the Governor or Lieutenant Governor other than a clerical or secretarial employee;

5. The Governor's Secretaries, the Deputy Secretaries, and the chief executive officer of each executive agency; or

6. Members of supervisory and policy boards, commissions and councils, as defined in § 2.2-2100, however selected.

"Expenditure" means:

1. A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose;

2. A payment to a lobbyist for salary, fee, reimbursement for expenses, or other purpose by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons;

3. A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist;

4. A payment that directly benefits an executive or legislative official or a member of the official's immediate family;

5. A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with an executive or legislative official;

6. A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive or legislative official; or

7. A payment or reimbursement for categories of expenditures required to be reported pursuant to this chapter.

"Expenditure" does not mean a campaign contribution properly received and reported pursuant to Chapter 9 (§ 24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

"Gift" means anything of value to the extent that a consideration of equal or greater value is not received.

"Gift" does not mean:

1. Printed informational or promotional material;

2. A gift that is not used and, no later than sixty days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes;

3. A gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision; or

4. A gift of a value of twenty-five dollars or less.

"Immediate family" means (i) the spouse and (ii) any other person who resides in the same household as the executive or legislative official and is the dependent of the official.

"Legislative action" means:

1. Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the General Assembly or a legislative official;

2. Action by the Governor in approving, vetoing, or recommending amendments for a bill passed by the General Assembly; or

3. Action by the General Assembly in overriding or sustaining a veto by the Governor, considering amendments recommended by the Governor, or considering, confirming, or rejecting an appointment of the Governor.

"Legislative official" means:

1. A member or member-elect of the General Assembly;

2. A member of a committee, subcommittee, commission or other entity established by and responsible to the General Assembly or either house of the General Assembly; or

3. Persons employed by the General Assembly or an entity established by and responsible to the General Assembly.

"Lobbying" means:

1. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or

2. Solicitation of others to influence an executive or legislative official.

"Lobbying" does not mean:

1. Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions;

2. Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses;

3. The solicitation of an association by its members to influence legislative or executive action; or

4. Communications between an association and its members and communications between a principal and its lobbyists.

"Lobbyist" means:

1. An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying;

2. An individual who represents an organization, association, or other group for the purpose of lobbying; or

3. A local government employee who lobbies.

"Lobbyist's principal" or "principal" means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members.

"Local government" means:

1. Any county, city, town, or other local or regional political subdivision;

2. Any school division;

3. Any organization or entity that exercises governmental powers that is established pursuant to an interstate compact; or

4. Any organization composed of members representing entities listed in subdivisions 1, 2, or 3 of this definition.

"Local government employee" means a public employee of a local government.

"Person" means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert.

"Value" means the retail cost or fair market worth of an item or items, whichever is greater.

§ 2.2-3103. Prohibited conduct.

No officer or employee of a state or local governmental or advisory agency shall:

1. Solicit or accept money or other thing of value for services performed within the scope of his official duties, except the compensation, expenses or other remuneration paid by the agency of which he is an officer or employee. This prohibition shall not apply to the acceptance of special benefits that may be authorized by law;

2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person with any governmental or advisory agency;

3. Offer or accept any money or other thing of value for or in consideration of the use of his public position to obtain a contract for any person or business with any governmental or advisory agency;

4. Use for his own economic benefit or that of another party confidential information that he has acquired by reason of his public position and which is not available to the public;

5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9 (§ 24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;

6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;

7. Accept any honoraria for any appearance, speech, or article in which the officer or employee provides expertise or opinions related to the performance of his official duties. The term "honoraria" shall not include any payment for or reimbursement to such person for his actual travel, lodging, or subsistence expenses incurred in connection with such appearance, speech, or article or in the alternative a payment of money or anything of value not in excess of the per diem deduction allowable under § 162 of the Internal Revenue Code, as amended from time to time. The prohibition in this subdivision shall apply only to the Governor, Lieutenant Governor, Attorney General, Governor's Secretaries, and heads of departments of state government;

8. Accept a gift from a person who has interests that may be substantially affected by the performance of the officer's or employee's official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the officer's or employee's impartiality in the matter affecting the donor. Violations of this subdivision shall not be subject to criminal law penalties; or

9. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Violations of this subdivision shall not be subject to criminal law penalties.

§ 2.2-3117. Disclosure form.

The disclosure form to be used for filings required by § 2.2-3114 A and D, and § 2.2-3115 A and D shall be substantially as follows:

 
STATEMENT OF ECONOMIC INTERESTS.

 

 Name ......................................................................
  Office or position held or sought ..........................................
  Home address ...............................................................
  Names of members of immediate family .......................................
 
DEFINITIONS AND EXPLANATORY MATERIAL.
 

"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.

"Close financial association" does not mean an association based on the receipt of retirement benefits or deferred compensation from a business by which the person filing this statement is no longer employed. "Close financial association" does not include an association based on the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has had no communications with the state governmental agency.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. "Relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse.

TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.

REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information and belief of the individual filing the Statement as of the date of this report unless otherwise stated.

COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED.

You may attach additional explanatory information.

1.  Offices and Directorships. 
   Are you or a member of your immediate family a paid officer or paid
    director of a business?
    EITHER check NO / / OR check YES / / and complete Schedule A. 
2.  Personal Liabilities. 
    Do you or a member of your immediate family owe more than $10,000 to any
    one creditor including contingent liabilities? (Exclude debts to any
    government and loans secured by recorded liens on property at least
    equal in value to the loan.)
    EITHER check NO / / OR check YES / / and complete Schedule B. 
3.  Securities. 
    Do you or a member of your immediate family, directly or indirectly,
    separately or together, own securities valued in excess of $10,000
    invested in one business? Account for mutual funds, limited partnerships
    and trusts.
    EITHER check NO / / OR check YES / / and complete Schedule C. 
4.  Payments for Talks, Meetings, and Publications. 
    During the past 12 months did you receive lodging, transportation,
    money, or anything else of value with a combined value exceeding $200
    for a single talk, meeting, or published work in your capacity as an
    officer or employee of your agency?
    EITHER check NO / / OR check YES / / and complete Schedule D. 
5.  Gifts. 
    During the past 12 months did a business, government, or individual
    other than a relative or personal friend (i) furnish you with any gift
    or entertainment at a single event, and the value received by you
    exceeded $50 in value or (ii) furnish you with gifts or entertainment in
    any combination and the value received by you exceeded $100 in total
    value; and for which you neither paid nor rendered services in exchange?
    Account for entertainment events only if the average value per person
    attending the event exceeded $50 in value. Account for all business
    entertainment (except if related to your private profession or
    occupation) even if unrelated to your official duties.
    EITHER check NO / / OR check YES / / and complete Schedule E. 
6.  Salary and Wages. 
    List each employer that pays you or a member of your immediate family
    salary or wages in excess of $10,000 annually. (Exclude state or local
    government or advisory agencies.)
    If no reportable salary or wages, check here / /. 
   .........................................................................
    .........................................................................
    .........................................................................
 7.  Business Interests.
    Do you or a member of your immediate family, separately or together,
    operate your own business, or own or control an interest in excess of
    $10,000 in a business?
    EITHER check NO / / OR check YES / / and complete Schedule F. 
 8. Payments for Representation and Other Services.
 8A. Did you represent any businesses before any state governmental agencies,
    excluding courts or judges, for which you received total compensation
    during the past 12 months in excess of $1,000, excluding compensation
    for other services to such businesses and representation consisting
    solely of the filing of mandatory papers and subsequent representation
    regarding the mandatory papers? (Officers and employees of local
    governmental and advisory agencies do NOT need to answer this question
    or complete Schedule G-1.)
    EITHER check NO / / OR check YES / / and complete Schedule G-1. 
8B. Subject to the same exceptions as in 8A, did persons with whom you have
    a close financial association (partners, associates or others) represent
    any businesses before any state governmental agency for which total
    compensation was received during the past 12 months in excess of $1,000?
    (Officers and employees of local governmental and advisory agencies do
    NOT need to answer this question or complete Schedule G-2.)
    EITHER check NO / / OR check YES / / and complete Schedule G-2. 
8C. Did you or persons with whom you have a close financial association
    furnish services to businesses operating in Virginia for which total
    compensation in excess of $1,000 was received during the past 12 months?
    EITHER check NO / / OR check YES / / and complete Schedule G-3. 
9.  Real Estate.
 9A. State Officers and Employees.
     Do you or a member of your immediate family hold an interest, including
    a partnership interest, valued at $10,000 or more in real property
    (other than your principal residence) for which you have not already
    listed the full address on Schedule F? Account for real estate held in
    trust.
    EITHER check NO / / OR check YES / / and complete Schedule H-1. 
9B. Local Officers and Employees. 
    Do you or a member of your immediate family hold an interest, including
    a partnership interest, valued at $10,000 or more in real property
    located in the county, city or town in which you serve or in a county,
    city or town contiguous to the county, city or town in which you serve
    (other than your principal residence) for which you have not already
    listed the full address on Schedule F? Account for real estate held in
    trust.
    EITHER check NO / / OR check YES / / and complete Schedule H-2. 
10. Real Estate Contracts with Governmental Agencies. 
    Do you or a member of your immediate family hold an interest valued at
    more than $10,000 in real estate, including a corporate, partnership, or
    trust interest, option, easement, or land contract, which real estate is
    the subject of a contract, whether pending or completed within the past
    12 months, with a governmental agency? If the real estate contract
    provides for the leasing of the property to a governmental agency, do
    you or a member of your immediate family hold an interest in the real
    estate valued at more than $1,000? Account for all such contracts
    whether or not your interest is reported in Schedule F, H-1, or H-2.
    This requirement to disclose an interest in a lease does not apply to an
    interest derived through an ownership interest in a business unless the
    ownership interest exceeds three percent of the total equity of the
    business.
    EITHER check NO / / OR check YES / / and complete Schedule I. 

Statements of Economic Interests are open for public inspection.

 

AFFIRMATION BY ALL FILERS.

 

  I swear or affirm that the foregoing information is full, true and correct
   to the best of my knowledge.

    Signature .................................................................
    Commonwealth of Virginia
    .......... of  .......... to wit:
    The foregoing disclosure form was acknowledged before me
    This  .......... day of  .........., 20. . . , by .........................
    Notary Public
    My commission expires .....................................................
    (Return only if needed to complete Statement.)

 

SCHEDULES

to

STATEMENT OF ECONOMIC INTERESTS.

 

                                     NAME ..................................
   
   SCHEDULE A - OFFICES AND DIRECTORSHIPS.
    Identify each business of which you or a member of your immediate family
      is a paid officer or paid director.

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
    Name of Business        Address of Business       Position Held
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------

                                                              RETURN TO ITEM 2
SCHEDULE B - PERSONAL LIABILITIES.
   Report personal liability by checking each category. Report only debts in
   excess of $10,000. Do not report debts to any government. Do not report
   loans secured by recorded liens on property at least equal in value to the
   loan.
   Report contingent liabilities below and indicate which debts are contingent.
1. My personal debts are as follows: 

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
           Check                                               Check one
        appropriate                                     $10,001 to   More than
         categories                                     $50,000      $50,000
    Banks                                               -------      ---------
    Savings institutions                                -------      ---------
    Other loan or finance companies                     -------      ---------
    Insurance companies                                 -------      ---------
    Stock, commodity or other brokerage
        companies                                       -------      ---------
    Other businesses:
    (State principal business activity for each
        creditor.)                                      -------      ---------
    ____________________________________________        -------      ---------
    ____________________________________________        -------      ---------
    Individual creditors:
    (State principal business or
        occupation of each creditor.)                   -------      ---------
    ____________________________________________        -------      ---------
    ____________________________________________        -------      ---------
2. The personal debts of the members of my immediate family are as follows: 

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
           Check                                               Check one
        appropriate                                     $10,001 to   More than
         categories                                     $50,000      $50,000
    Banks
    Savings institutions                                -------      ---------
    Other loan or finance companies                     -------      ---------
    Insurance companies                                 -------      ---------
    Stock, commodity or other brokerage
        companies                                       -------      ---------
    Other businesses:
    (State principal business activity
        for each creditor.)                             -------      ---------
    ____________________________________________        -------      ---------
    ____________________________________________        -------      ---------
    Individual creditors:
    (State principal business or
        occupation of each creditor.)                   -------      ---------
    ____________________________________________        -------      ---------
    ____________________________________________        -------      ---------

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------

                                                              RETURN TO ITEM 3
    
    SCHEDULE C - SECURITIES.
    "Securities" INCLUDES stocks, bonds,         "Securities" EXCLUDES
    mutual funds, limited partnerships,            certificates of deposit,
    and commodity futures contracts.               money market funds, annuity
                                                   contracts, and insurance
                                                   policies.
       Identify each business or Virginia governmental entity in which you or a
       member of your immediate family, directly or indirectly, separately or
       together, own securities valued in excess of $10,000.
   
       Do not list U.S. Bonds or other government securities not issued by the
       Commonwealth of Virginia or its authorities, agencies, or local
       governments. Do not list organizations that do not do business in this
       Commonwealth, but most major businesses conduct business in Virginia.
       Account for securities held in trust.
       If no reportable securities, check here /  /.

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
   
                                                                 Check  one
                                   Type of Security                     More
                      Type of   (stocks, bonds, mutual     $10,001 to   than
    Name of Issuer    Entity         funds, etc.)          $50,000      $50,000
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
   
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
   
                                                               RETURN TO ITEM 4
 
   SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS.
    List each source from which you received during the past 12 months
      lodging, transportation, money, or any other thing of value (excluding
      meals or drinks coincident with a meeting) with combined value exceeding
      $200 for your presentation of a single talk, participation in one
      meeting, or publication of a work in your capacity as an officer or
      employee of your agency.
   
      List payments or reimbursements by an advisory or governmental agency
      only for meetings or travel outside the Commonwealth.
   
      List a payment even if you donated it to charity.
   
      Do not list information about a payment if you returned it within 60
      days or if you received it from an employer already listed under Item 6
      or from a source of income listed on Schedule F.
    If no payment must be listed, check here / /.
   
   --------------------------------------------------------------------------
   --------------------------------------------------------------------------
                                                             Type of payment
                                                             (e.g. Honoraria,
                                                             travel reimburse-
    Payer         Approximate Value        Circumstances     ment, etc.)
    ----------    ---------------------    --------------    ----------------
    ----------    ---------------------    --------------    ----------------
    ----------    ---------------------    --------------    ----------------
    ----------    ---------------------    --------------    ----------------
   --------------------------------------------------------------------------
   --------------------------------------------------------------------------

                                                             RETURN TO ITEM 5
 
   SCHEDULE E - GIFTS.
 
    List each business, governmental entity, or individual that, during the
      past 12 months, (i) furnished you with any gift or entertainment at a
      single event and the value received by you exceeded $50 in value, or
      (ii) furnished you with gifts or entertainment in any combination and
      the value received by you exceeded $100 in total value; and for which
      you neither paid nor rendered services in exchange. List each such gift
      or event. Do not list entertainment events unless the average value per
      person attending the event exceeded $50 in value. Do not list business
      entertainment related to your private profession or occupation. Do not
      list gifts or other things of value given by a relative or personal
      friend for reasons clearly unrelated to your public position. Do not
      list campaign contributions publicly reported as required by Chapter 9
      24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2 of
      the Code of Virginia.

   --------------------------------------------------------------------------
   --------------------------------------------------------------------------
    Name of Business,       City or
    Organization, or        County         Gift or
    Individual              and State      Event          Approximate Value
    ------------------      ---------      ---------      -------------------
    ------------------      ---------      ---------      -------------------
    ------------------      ---------      ---------      -------------------
    ------------------      ---------      ---------      -------------------

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                                                             RETURN TO ITEM 6
 
   SCHEDULE F - BUSINESS INTERESTS.
 
    Complete this Schedule for each self-owned or family-owned business
      (including rental property, a farm, or consulting work), partnership,
      or corporation in which you or a member of your immediate family,
      separately or together, own an interest having a value in excess of
      $10,000.

      If the enterprise is owned or operated under a trade, partnership, or
      corporate name, list that name; otherwise, merely explain the nature of
      the enterprise. If rental property is owned or operated under a trade,
      partnership, or corporate name, list the name only; otherwise, give the
      address of each property. Account for business interests held in trust.

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   --------------------------------------------------------------------------
    Name of Business,                                          Gross income
    Corporation,
    Partnership,                      Nature of Enterprise
    Farm; Address of  City or County  (farming, law, rental  $50,000  More than
    Rental Property     and State     property, etc.)        or less  $50,000
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
   ----------------------------------------------------------------------------
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                                                               RETURN TO ITEM 8
SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU.
 
    List the businesses you represented before any state governmental
      agency, excluding any court or judge, for which you received total
      compensation during the past 12 months in excess of $1,000, excluding
      compensation for other services to such businesses and representation
      consisting solely of the filing of mandatory papers and subsequent
      representation regarding the mandatory papers filed by you.
 
    Identify each business, the nature of the representation and the amount
      received by dollar category from each such business. You may state the
      type, rather than name, of the business if you are required by law not
      to reveal the name of the business represented by you. 
 
    Only STATE officers and employees should complete this Schedule. 

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   ----------------------------------------------------------------------------
                                                          Amount Received
    Name  Type  Pur-   Name  $1,001    $10,001   $50,001    $100,001   $250,001
    of    of    pose   of    to        to        to         to         and over
    Busi- Busi- of     Agen- $10,000   $50,000   $100,000   $250,000
    ness  ness  Repre- cy
                senta-
                tion
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES.
 
    List the businesses that have been represented before any state
      governmental agency, excluding any court or judge, by persons who are
      your partners, associates or others with whom you have a close financial
      association and who received total compensation in excess of $1,000 for
      such representation during the past 12 months, excluding representation
      consisting solely of the filing of mandatory papers and subsequent
      representation regarding the mandatory papers filed by your partners,
      associates or others with whom you have a close financial association.
 
    Identify such businesses by type and also name the state governmental
      agencies before which such person appeared on behalf of such businesses.
 
    Only STATE officers and employees should complete this Schedule. 

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   Type of business        Name of state governmental agency
   --------------------    --------------------------------------
   --------------------    --------------------------------------
   --------------------    --------------------------------------
   --------------------    --------------------------------------
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   SCHEDULE G-3 - PAYMENTS FOR SERVICES GENERALLY.
 
    Indicate below types of businesses that operate in Virginia to which
      services were furnished by you or persons with whom you have a close
      financial association and for which total compensation in excess of
      $1,000 was received during the past 12 months.
 
    Identify opposite each category of businesses listed below (i) the type
      of business, (ii) the type of service rendered and (iii) the value by
      dollar category of the compensation received for all businesses falling
      within each category.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
                                                          Value of Compensation
                       Check   Type
                       if      of
                       ser-    ser-
                       vices   vice
                       were    ren-
                       ren-    dered
                       dered        $1,001  $10,001  $50,001  $100,001 $250,001
                                    to      to       to       to       and
                                    $10,000 $50,000  $100,000 $250,000 over
   Electric utilities  ------  ---- ------- --------- ------- -------- --------
   Gas utilities       ------  ---- ------- --------- ------- -------- --------
   Telephone utilities ------  ---- ------- --------- ------- -------- --------
   Water utilities     ------  ---- ------- --------- ------- -------- --------
   Cable television
     companies         ------  ---- ------- --------- ------- -------- --------
   Interstate
     transportation
     companies         ------  ---- ------- --------- ------- -------- --------
   Intrastate
     transportation
     companies         ------  ---- ------- --------- ------- -------- --------
   Oil or gas retail
     companies         ------  ---- ------- --------- ------- -------- --------
   Banks               ------  ---- ------- --------- ------- -------- --------
   Savings
     institutions      ------  ---- ------- --------- ------- -------- --------
   Loan or finance
     companies         ------  ---- ------- --------- ------- -------- --------
   Manufacturing
     companies
     (state type
     of product,
     e.g., textile,
     furniture, etc.)  ------  ---- ------- --------- ------- -------- --------
   Mining companies    ------  ---- ------- --------- ------- -------- --------
   Life insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Casualty insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Other insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Retail companies    ------  ---- ------- --------- ------- -------- --------
   Beer, wine or
     liquor companies
     or distributors   ------  ---- ------- --------- ------- -------- --------
   Trade associations  ------  ---- ------- --------- ------- -------- --------
   Professional
     associations      ------  ---- ------- --------- ------- -------- --------
   Associations of
     public employees
     or officials      ------  ---- ------- --------- ------- -------- --------
   Counties, cities
     or towns          ------  ---- ------- --------- ------- -------- --------
   Labor organizations ------  ---- ------- --------- ------- -------- --------
   Other               ------  ---- ------- --------- ------- -------- --------

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                                                               RETURN TO ITEM 9
SCHEDULE H-1 - REAL ESTATE - STATE OFFICERS AND EMPLOYEES. 
 
    List real estate other than your principal residence in which you or a
      member of your immediate family holds an interest, including a
      partnership interest, option, easement, or land contract, valued at
      $10,000 or more. You may list each parcel of real estate individually if
      you wish.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   List each location         Describe the type of real   If the real estate is
   (state, and county         estate you own in each      owned or recorded in
   or city) where you         location (business, recre-  a name other than
   own real estate.           ational, apartment, com-    your own, list that
                              mercial, open land, etc.).  name.
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   SCHEDULE H-2 - REAL ESTATE - LOCAL OFFICERS AND EMPLOYEES.
 
    List real estate located in your county, city, or town, and any
      contiguous county, city, or town other than your principal residence in
      which you or a member of your immediate family holds an interest,
      including a partnership interest, option, easement, or land contract,
      valued at $10,000 or more. You may list each parcel of real estate
      individually if you wish.

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
   
   List each location         Describe the type of real   If the real estate is
   (state, and county         estate you own in each      owned or recorded in
   or city) where you         location (business, recre-  a name other than
   own real estate.           ational, apartment, com-    your own, list that
                              mercial, open land, etc.).  name.
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------

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                                                              RETURN TO ITEM 10
 
SCHEDULE I - REAL ESTATE CONTRACTS WITH GOVERNMENTAL AGENCIES. 
 
    List all contracts, whether pending or completed within the past 12
      months, with a governmental agency for the sale or exchange of real
      estate in which you or a member of your immediate family holds an
      interest, including a corporate, partnership or trust interest, option,
      easement, or land contract, valued at $10,000 or more. List all
      contracts with a governmental agency for the lease of real estate in
      which you or a member of your immediate family holds such an interest
      valued at $1,000 or more. This requirement to disclose an interest in a
      lease does not apply to an interest derived through an ownership
      interest in a business unless the ownership interest exceeds three
      percent of the total equity of the business.
    State officers and employees report contracts with state agencies. 
    Local officers and employees report contracts with local agencies. 

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   List your real estate      List each governmental      State the annual
   interest and the           agency which is a           income from the
   person or entity,          party to the contract       contract, and the
   including the type         and indicate the            amount, if any, of
   of entity, which           county or city where        income you or any
   is party to                the real estate             immediate family
   the contract.              is located.                 member derives
   Describe any                                           annually from the
   management role and                                    contract.
   the percentage
   ownership
   interest you or your
   immediate family
   member has in the real
   estate or entity.
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------     -------------------------   ---------------------
   ----------------------------------------------------------------------------
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§ 19.2-8. Limitation of prosecutions.

A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense.

A prosecution for violation of laws governing the placement of children for adoption without a license pursuant to § 63.2-1701 shall be commenced within one year from the date of the filing of the petition for adoption.

A prosecution for making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act (§ 60.2-100 et seq.) shall be commenced within three years next after the commission of the offense.

A prosecution for any violation of § 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 that involves the discharge, dumping or emission of any toxic substance as defined in § 32.1-239 shall be commenced within three years next after the commission of the offense.

Prosecution of Building Code violations under § 36-106 shall commence within one year of discovery of the offense by the owner or by the building official; provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under § 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the discovery of the offense.

Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense.

Prosecution of any violation of § 55-79.87, 55-79.88, 55-79.89, 55-79.90, 55-79.93, 55-79.94, 55-79.95, 55-79.103, or any rule adopted under or order issued pursuant to § 55-79.98, shall commence within three years next after the commission of the offense.

Prosecution of illegal sales or purchases of wild birds, wild animals and freshwater fish under § 29.1-553 shall commence within three years after commission of the offense.

Prosecution of violations under Title 58.1 for offenses involving false or fraudulent statements, documents or returns, or for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof, or for the offense of willfully failing to pay any tax, or willfully failing to make any return at the time or times required by law or regulations shall commence within three years next after the commission of the offense, unless a longer period is otherwise prescribed.

Prosecution of violations of subsection A or B of § 3.1-796.122 shall commence within five years of the commission of the offense, except violations regarding agricultural animals shall commence within one year of the commission of the offense.

A prosecution for a violation of § 18.2-386.1 shall be commenced within five years of the commission of the offense.

A prosecution for any violation of the Campaign Finance Disclosure Act24.2-900 et seq.), Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2, shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense.

A prosecution of a crime that is punishable as a misdemeanor pursuant to the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) shall be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of the article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone else who is damaged by such violation.

Nothing in this section shall be construed to apply to any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest or be construed to limit the time within which any prosecution may be commenced for desertion of a spouse or child or for neglect or refusal or failure to provide for the support and maintenance of a spouse or child.

§ 24.2-101. Definitions.

As used in this title, unless the context requires a different meaning:

"Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§ 24.2-800 et seq.), 9 (§ 24.2-900 et seq.), and 9.2 (§ 24.2-941 et seq.) 9.3 (§ 24.2-945 et seq.), and 9.5 (§ 24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9 (§ 24.2-900 et seq.) and 9.2 (§ 24.2-941 et seq.) 9.3 (§ 24.2-945 et seq.) and 9.5 (§ 24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 4 (§ 24.2-914 et seq.) of Chapter 9 Article 3 (§ 24.2-947 et seq.) of Chapter 9.3.

"Central absentee voter precinct" means a precinct established by a county or city pursuant to § 24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city.

"Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer.

"Election" means a general, primary, or special election.

"Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit.

"Electoral board" or "local electoral board" means a board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections.

"General election" means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.

"Officer of election" means a person appointed by an electoral board pursuant to § 24.2-115 to serve at a polling place for any election.

"Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

"Polling place" means the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote.

"Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place.

"Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

"Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) registered to vote. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law.

"Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter.

"Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection.

"Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§ 24.2-400 et seq.). For purposes of applying the precinct size requirements of § 24.2-307, calculating election machine requirements pursuant to Article 3 (§ 24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of § 24.2-114 and § 24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status.

"Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method.

"Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. In determining domicile, consideration may be given to a person's expressed intent, conduct, and all attendant circumstances including, but not limited to, financial independence, business pursuits, employment, income sources, residence for income tax purposes, marital status, residence of parents, spouse and children, if any, leasehold, sites of personal and real property owned by the person, motor vehicle and other personal property registration, and other factors reasonably necessary to determine the qualification of a person to register or vote.

"Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.

"State Board" or "Board" means the State Board of Elections.

"Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§ 24.2-404 et seq.) of Chapter 4.

§ 24.2-405. Persons who may obtain lists of registered voters.

A. The State Board shall furnish, at a reasonable price, lists of registered voters for their districts to (i) courts of the Commonwealth and the United States for jury selection purposes, (ii) candidates for election or political party nomination to further their candidacy, (iii) political party committees or officials thereof for political purposes only, (iv) political action committees that have filed a current statement of organization with the State Board pursuant to § 24.2-908 § 24.2-949.2, or with the Federal Elections Commission pursuant to federal law, for political purposes only, (v) incumbent officeholders to report to their constituents, and (vi) nonprofit organizations that promote voter participation and registration for that purpose only. The lists shall be furnished to no one else and used for no other purpose. However, the State Board is authorized to furnish information from the voter registration system to general registrars for their official use and to the Department of Motor Vehicles and other appropriate state agencies for maintenance of the voter registration system.

B. The State Board shall furnish, at a reasonable price, lists of the addresses of registered voters for their localities to local government census liaisons and their staffs for the sole purpose of providing address information to the United States Bureau of the Census. The State Board shall also furnish, at a reasonable price, such lists to the Clerk of the Senate and the Clerk of the House of Delegates for the sole purpose of maintaining a database of constituent addresses for the General Assembly. The information authorized under this subsection shall be furnished to no other person and used for no other purpose. No list furnished under this subsection shall contain the name of any registered voter. For the purpose of this subsection, the term "census liaison" shall have the meaning provided in 13 U.S.C. § 16.

C. In no event shall any list furnished under this section contain the social security number of any registered voter except a list furnished to a court of the Commonwealth or of the United States for jury selection purposes.

D. Any list furnished under subsection A of this section shall contain the post office box address in lieu of the residence street address for any active or retired law-enforcement officer, as defined in § 9.1-101 and in 5 U.S.C.A. § 8331 (20) but excluding officers whose duties relate to detention as defined in paragraphs (A) through (D) of § 8331 (20), who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address located in the Commonwealth for use on such lists.

E. Any list furnished under subsection A of this section shall contain the post office box address in lieu of the residence street address for any party granted a protective order issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia, who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address located in the Commonwealth for use on such lists.

F. Any list furnished under subsection A shall contain the post office box address in lieu of the residence street address for any party who has furnished at the time of registration or subsequently, (i) in addition to his street address, a post office box address located in the Commonwealth for use on such lists and (ii) a signed written statement by the party that he is in fear for his personal safety from another person who has threatened or stalked him accompanied by evidence that he has filed a complaint with a magistrate or law-enforcement official against such other person. The statement furnished pursuant to clause (ii) of this subsection shall be subject to felony penalties for false statements pursuant to § 24.2-1016.

§ 24.2-622. Sample ballots.

Nothing contained in this title shall be construed to prohibit: (i) the printing and circulation of sample paper ballots, which are not printed on white or yellow paper and do include thereon the words "sample ballot" in type no smaller than 24 point; (ii) the printing and circulation of sample voting equipment ballots, provided such sample ballots include on their face the words "sample ballot"; or (iii) the publication in newspapers or on the Internet of sample ballots of either type.

Sample ballots, in whole or in part, other than the official sample ballots, shall not be printed on white or yellow paper.

All sample ballots, excepting those official sample ballots authorized by electoral boards, are advertisements for purposes of § 24.2-943 Chapter 9.5 (§ 24.2-955 et seq.). Voters may take sample ballots into the voting booth or enclosure, but shall not give, tender, or exhibit such sample ballot to any person, other than an assistant designated under § 24.2-649, while inside the polling place or within the prohibited area designated by § 24.2-604.

§ 24.2-676. Secretary to make out and deliver certificate of election.

Immediately after the electoral board has determined the election results, the secretary shall make out certificates of election for each county, city, town, or district office other than an office shared by more than one county or city, or any combination thereof. The secretary shall make out the certificate for each of the persons who has the highest number of votes for the office, who has sufficient votes to be elected to a multi-member office, or, in case of a tie, who has been decided by lot to be elected. The secretary, or another board member or registrar designated by the secretary, shall deliver in person or the secretary shall transmit by certified mail the certificate to the person elected, as soon as such person has complied with the provisions of § 24.2-922 § 24.2-948.2.

§ 24.2-680. Certificates of election.

Subject to the requirements of § 24.2-922 § 24.2-948.2, the State Board shall without delay complete and transmit to each of the persons declared to be elected a certificate of his election, certified by it under its seal of office. In the election of a member of the United States Congress, it shall also forward a certificate of election to the clerk of the United States Senate or House of Representatives, as appropriate. The names of members elected to the General Assembly shall be certified by the State Board to the clerk of the House of Delegates or Senate, as appropriate. The names of the persons elected Governor, Lieutenant Governor, and Attorney General shall be certified by the State Board to the clerks of the House of Delegates and Senate. The name of any officer shared by more than one county or city, or any combination thereof, shall be certified by the State Board to the clerk of the circuit court having jurisdiction in each affected county or city. The names of the persons elected to soil and water conservation districts shall be certified by the State Board to the Director of the Department of Conservation and Recreation.

Chapter 9.3.
Campaign Finance Disclosure Act of 2006.
Article 1.
General Provisions.

§ 24.2-945. Elections to which chapter applicable; chapter exclusive.

A. The provisions of this chapter shall apply to all elections held in Virginia, including referenda, and to nominating conventions, mass meetings, and other methods to nominate a political party candidate for public office, except nominations and elections for (i) members of the United States Congress, (ii) President and Vice President of the United States, (iii) town office in a town with a population of less than 25,000, (iv) directors of soil and water conservation districts, or (v) political party committees.

B. This chapter shall constitute the exclusive and entire campaign finance disclosure law of the Commonwealth, and elections to which the chapter applies shall not be subject to further regulation by local law.

§ 24.2-945.1. Definitions.

A. As used in this chapter, unless the context requires a different meaning:

“Authorization” means express approval or express consent by the candidate, the candidate’s campaign committee, or an agent of the candidate or his campaign committee after coordination.

"Campaign committee" means the committee designated by a candidate to receive all contributions and make all expenditures for him or on his behalf in connection with his nomination or election.

"Candidate" means "candidate" as defined in § 24.2-101.

"Contribution" means money and services of any amount, in-kind contributions, and any other thing of value, given, advanced, loaned, or in any other way provided to a candidate, campaign committee, political committee, or person for the purpose of influencing the outcome of an election or defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General. "Contribution" includes money, services, or things of value in any way provided by a candidate to his own campaign and the payment by the candidate of a filing fee for any party nomination method.

“Coordinated” or “coordination” refers to an expenditure that is made (i) at the express request or suggestion of a candidate, a candidate’s campaign committee, or an agent of the candidate or his campaign committee or (ii) with material involvement of the candidate, a candidate’s campaign committee, or an agent of the candidate or his campaign committee in devising the strategy, content, means of dissemination, or timing of the expenditure.

"Expenditure" means money and services of any amount, and any other thing of value, paid, loaned, provided, or in any other way disbursed by any candidate, campaign committee, political committee, or person for the purpose of influencing the outcome of an election or defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General.

"Inaugural committee" means any organization, person, or group of persons that anticipates receiving contributions or making expenditures, from other than publicly appropriated funds, for the inauguration of the Governor, Lieutenant Governor, or Attorney General and related activities.

"Independent expenditure" means an expenditure made by any person or political committee that is not made to, controlled by, coordinated with, or made with the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee.

“In-kind contribution” means the donation of goods, services, property, or other thing of value, other than money, including an expenditure controlled by, coordinated with, or made upon the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee, that is provided for free or less than the usual and normal charge. The basis for arriving at the dollar value of an in-kind contribution is as follows: new items are valued at retail value; used items are valued at fair market value; and services rendered are valued at the actual cost of service per hour. Services shall not be deemed to include personal services voluntarily rendered for which no compensation is asked or given.

"Person" means any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

"Political action committee" means any organization, person, or group of persons, established or maintained in whole or in part to receive and expend contributions for the purpose of influencing the outcome of any election. The term shall not include a campaign committee, political party committee, referendum committee, or inaugural committee.

“Political committee” means and includes any political action committee, political party committee, referendum committee, or inaugural committee. The term shall not include (i) a campaign committee, or (ii) a person who receives no contributions from any source and whose only expenditures are made solely from his own funds and are either contributions made by him which are reportable by the recipient pursuant to this chapter or independent expenditures which are reportable by him to the extent required by § 24.2-945.2, or a combination of such reportable contributions and independent expenditures. 

"Political party committee" means any state political party committee, congressional district political party committee, county or city political party committee, other election district political party committee, or organized political party group of elected officials.  This definition is subject to the provisions of § 24.2-950.1.

“Referendum committee” means any organization, 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, or (iii) $1,000 to advocate the passage or defeat of a referendum held in a single county or city.

“Residence” means “residence” or “resident” as defined in § 24.2-101.

"Statewide office" means the office of Governor, Lieutenant Governor, or Attorney General.

B. For the purpose of applying the filing and reporting requirements of this chapter, the terms "person" and "political committee," shall not include an organization holding tax-exempt status under § 501(c)(3), 501(c)(4), or 501(c)(6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party. 

§ 24.2-945.2. Persons required to file independent expenditure disclosure reports; filing deadline.

A. Any person who is not a political committee and who makes independent expenditures, in the aggregate during an election cycle, in excess of $500 for a statewide office election or $200 for any other election shall maintain records and report pursuant to this chapter all such independent expenditures including:

1. Any funds expended for the purpose of influencing the outcome of any election for public office; and

2. Any funds expended to publish or broadcast to the public any material referring to a candidate by name, description, or other reference and (i) advocating his election or defeat, (ii) setting forth his position on any public issue, voting record, or other official acts, or (iii) otherwise designed to influence individuals to cast their votes for or against him or to withhold their votes from him.

B. Independent expenditure reports shall be due within 24 hours of the time when the funds were expended. The reports shall be filed with the State Board if the funds were expended to support or oppose a candidate for statewide office or the General Assembly or with the local electoral board of the county or city in which the candidate resides if the funds were expended to support or oppose a candidate for local office.

C. Independent expenditure reports required by this section may be filed electronically pursuant to § 24.2-946.1 or in writing on a form developed by the State Board. If the report is filed in writing, the report shall be (i) received by the State Board or the local electoral board, as appropriate, within 24 hours of the time when the funds were expended or (ii) transmitted to the State Board or the local electoral board, as appropriate, by telephonic transmission to a facsimile device within 24 hours of the time when the funds were expended with an original copy of the report mailed to the State Board or the local electoral board, as appropriate, and postmarked within 24 hours of the time when the funds were expended.

Article 2.
State Board and Local Electoral Board Responsibilities.

§ 24.2-946. Summary of election laws; forms; instructions.

A. The State Board shall summarize the provisions of the election laws relating to the Campaign Finance Disclosure Act of 2006 and provide for distribution of this summary and prescribed forms to each candidate, person, or committee on request or upon their first filing with the State Board pursuant to this chapter, whichever occurs first.

B. The Board shall designate the forms required for complying with this chapter which shall be the only such forms used in complying with the provisions of this chapter. 

C. The Board shall provide, with the summary required by this section, instructions for persons filing reports pursuant to this chapter to assist them in completing the reports. The instructions shall include directions for the reporting of filing fees for any party nomination method.

D. The Board shall provide instructions for candidates who seek election for successive terms in the same office for the filing of reports within each appropriate election cycle for the office and for the aggregation of contributions within each election cycle.

§ 24.2-946.1. Standards and requirements for electronic preparation and transmittal of campaign finance disclosure reports; database.

A. The State Board shall review or cause to be developed and shall approve standards for the preparation, production, and transmittal by computer or electronic means of campaign finance reports required by this chapter. The State Board may prescribe the method of execution and certification of and the procedures for receiving electronically filed campaign finance reports required by this chapter in the office of the State Board or any local electoral board. The State Board may provide campaign finance report-creation software to filers without charge or at a reasonable cost.

B. The State Board shall accept any campaign finance report filed by candidates for the General Assembly and statewide office by computer or electronic means in accordance with the standards approved by the Board and using software meeting standards approved by it. This information shall be made available to the public promptly by the Board through the Internet.

C. A local electoral board may accept campaign finance reports filed by computer or electronic means from any candidate or political committee that is required to file reports with that board. Such reports shall be filed in accordance with, and using software that meets, standards approved by the State Board. The electoral board shall promptly make the information that it accepts in this manner available to the public through the Internet.

D. The State Board shall enter or cause to be entered into a campaign finance database, available to the public through the Internet, the information from required campaign finance reports filed by computer, electronic, or other means by candidates for the General Assembly and statewide office.

E. Other campaign finance reports required by this chapter to be filed by a committee with the State Board or a local electoral board, or both, may be filed electronically on terms agreed to by the committee and the Board.

§ 24.2-946.2. Custody of reports; inspection and copying.

A. All campaign finance reports shall be open to inspection by any person during the business hours of the office in which they are filed. Copies shall be produced for any person requesting them who shall pay the reasonable cost of the copies. Copies of such reports certified by the principal administrative officer in whose office they are kept shall be evidence in all courts to the same extent as the original report would be if produced and proved.

B. The following applies to campaign finance reports filed by candidate campaign committees: 

1. Every officer or local electoral board, with whom reports are required to be filed by this chapter, shall file and preserve such reports and keep them as part of the office’s records for at least one year after the final report is filed, or through the next general election for the office to which they pertain, whichever is later; or in the case of a candidate who has not filed a final report and seeks election to the same office in a successive election, through the next general election for the office to which they pertain.  

2. The State Board shall file and preserve as part of its records the reports required to be filed with it by this chapter for at least one year after the final report is filed, or through the next general election for the office to which they pertain, whichever is later; or in the case of a candidate who has not filed a final report and seeks election to the same office in a successive election, through the next general election for the office to which they pertain. Thereafter, the State Board shall forward the reports it preserves to The Library of Virginia for preservation under the Virginia Public Records Act (§ 42.1-76 et seq.).

C. The following applies to campaign finance reports filed by political committees: 

1. Every officer or local electoral board, with whom reports are required to be filed by this chapter, shall file and preserve such reports as part of the office’s records for at least four years after the reporting deadline or one year after the final report is filed.

2. The State Board shall file and preserve as part of its records the reports required to be filed with it by this chapter for at least four years after the reporting deadline or one year after the final report is filed. Thereafter, the State Board shall forward the reports it preserves to The Library of Virginia for preservation under the Virginia Public Records Act (§ 42.1-76 et seq.).

§ 24.2-946.3. Reporting of certain violations; penalties.

A. It shall be the duty of the State Board to report any violation of the provisions of this chapter to the appropriate attorney for the Commonwealth. The State Board shall report to the attorney for the Commonwealth of the City of Richmond in the case of reporting requirements for campaign committees for statewide office and to the attorney for the Commonwealth of the county or city of the residence of a candidate for the General Assembly. For political committees, the State Board shall report the violation to the attorney for the Commonwealth of the City of Richmond. If all the officers of a political committee are residents of one county or city as shown on the statement of organization required by this chapter, the State Board shall report violations for that political committee to the attorney for the Commonwealth of that county or city.

B. It shall be the duty of the electoral board of a county or city to report any violation of the provisions of this chapter relating to the filing of campaign finance reports required to be filed with the electoral board to the attorney for the Commonwealth for the county or city in which the electoral board has jurisdiction.

C. In order to fulfill the duty to report violations pursuant to subsections A and B, the Board shall establish and implement a system for receiving, cataloging, and reviewing reports filed pursuant to the provisions of this chapter and for verifying that reports are complete and submitted on time. As part of the system referred to in this subsection, the general registrar for each county and city, or the secretary of the electoral board in any county or city in which the electoral board chooses to perform the duties stated in this subsection, shall be required, in accordance with instructions provided by the Board, to receive, catalog, and review the reports filed with the local electoral board and to verify that the reports are complete and submitted on time.

D. The State Board, and the general registrar or secretary of the electoral board in accordance with the instructions of the State Board, (i) shall assess and collect the civil penalties provided in Article 8 and (ii) if unable to collect the penalty, shall report the violation to the appropriate attorney for the Commonwealth for enforcement.

E. The State Board, or the general registrar or secretary of the electoral board in accordance with the instructions of the State Board, shall notify, no later than 21 days after the report due date, any person submitting an incomplete report of the need for additional information. The State Board, or the general registrar or secretary of the electoral board in accordance with the instructions of the State Board, may request additional information to correct obvious mathematical errors and to fulfill the requirements for information on the reports.

F. Upon notice of a violation of this chapter, the State Board or the general registrar or local electoral board, as appropriate, shall within 90 days of the report deadline notify the appropriate attorney for the Commonwealth, who shall initiate civil proceedings to enforce the civil penalties assessed by the State Board or the local electoral board as provided herein. Any civil penalties collected pursuant to action by the State Board shall be payable to the State Treasurer for deposit to the general fund, and any civil penalties collected pursuant to action by a general registrar or local electoral board shall be payable to the treasurer of the locality for deposit to its general fund.

G. In the case of any political committee that is required to file a statement of organization pursuant to this chapter, the State Board shall be authorized to waive a penalty that has been assessed if the filer demonstrates that there exists good cause to waive the penalty.

H. The State Board shall notify the public through its official Internet website of any violation based on the failure to file a required report by a candidate for statewide office or the General Assembly and the identity of the violator.

I. The State Board shall determine the schedule of civil penalties required to be followed by its staff and local electoral boards in assessing penalties under this chapter. No election official or staff may waive or reduce such penalties, except as provided in § 24.2-946.4.

§ 24.2-946.4. Right to grant extensions in special circumstances.

A. The State Board shall provide instructions to filers for delivery of campaign finance reports within the time periods prescribed by law.

B. Notwithstanding any other provision of law, any candidate or treasurer required to file a report pursuant to this chapter shall be entitled to a 72-hour extension of the filing deadline if his spouse, parent, grandparent, child, grandchild, or sibling died within the 72 hours before the deadline. The State Board or the local electoral board shall be authorized to grant an extension of the filing deadline for a period not to exceed five days for good cause shown by the filer and found by the Board or board sufficient to justify the granting of the extension.

C. The Secretary of the State Board shall have additional authority to extend a deadline established in this chapter for filing reports in emergency situations that interfere with the timely filing of reports. The extension shall be limited in scope to the areas and times affected by the emergency. The provisions of this subsection shall be applicable only in the case of an emergency declared by the Governor pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 or declared by the President of the United States and confirmed by the Governor by executive order as an emergency for the purposes of this subsection.

D. The Secretary of the State Board shall have additional authority to extend a deadline established in this chapter for filing reports for a reasonable period for a candidate who serves as his own campaign treasurer and who is a member of a uniformed service of the United States called to active duty during a reporting period.

E. The State Board shall have authority to extend any deadline applicable to reports required to be filed by computer or electronic means in the event of a failure of the computer or electronic filing system that prevents timely filing. The extension shall not exceed a period of up to five days after restoration of the filing system to operating order.

F. The State Board shall have authority also to grant extensions as provided in §§ 24.2-503 and 24.2-948.3.

§ 24.2-946.5. Dormant committees.

A. The State Board or the electoral board of any county or city may close the file of any candidate campaign committee or political committee required to file with it provided the committee has not filed a final report and the Board or board cannot locate either the candidate or his campaign treasurer, or in the case of any political committee, the Board or board cannot locate the treasurer or custodian of the books of the committee. A candidate campaign committee file shall not be closed if the candidate has filed a report with the Board or board for any campaign for any office within the prior five years. A political committee file shall not be closed if the committee has filed a report within the prior five years.

B. Once the committee’s file has been closed, no more reports will be due and no additional penalties for failure to file will accrue. However, if the whereabouts of the candidate or his campaign treasurer, or in the case of any political committee, the treasurer or custodian of the books of the committee, later becomes known to the Board or board, it may reopen the file and send notice to the candidate, or in the case of any political committee, the treasurer or custodian of the books of the committee, requesting that he file the appropriate reports and pay any penalties that were levied before the file was closed by it.

Article 3.
Candidates and Their Campaign Committees.

§ 24.2-947. Candidate election cycle.

The candidate’s election cycle shall be deemed to begin on January 1 of the year that the candidate first seeks election for the office through December 31 immediately following the election for such office. The next election cycle, and any subsequent election cycles, for the candidate who seeks election for successive terms in the same office shall begin on January 1 immediately following each election for the same office and continue through December 31 immediately following the next successive election for the same office. Solely for the purpose of filing reports pursuant to this article, a candidate with any activity to report in a new election cycle shall be presumed to be a candidate for election in the succeeding election.

§ 24.2-947.1. Statement of organization.

A. Any individual seeking or campaigning for an office of the Commonwealth or one of its governmental units in a party nomination process or general, primary, or special election, shall file a statement of organization within 10 days of meeting any one of the following conditions:

1. Acceptance of a contribution;

2. Expenditure of any funds;

3. The payment of a filing fee for any party nomination method;

4. The filing of a candidate statement of qualification pursuant to § 24.2-501; or

5. The appointment of a campaign treasurer, designation of a campaign committee, or designation of a campaign depository.

B. The individual shall file the statement with the State Board, if a candidate for statewide office, with the State Board and a copy with the local electoral board of the candidate’s residence if a candidate for the General Assembly, or with the local electoral board, if a candidate for local or constitutional office. 

C. The statement of organization shall include the following information:

1. The full name and residence address of the candidate;

2. The full name and mailing address for the campaign committee;

3. The full name, residence address, and daytime phone number of the treasurer;

4. The office being sought and district, if any, for the office;

5. The recognized political party affiliation of the candidate for statewide office or the General Assembly. In the absence of any political party affiliation, independent shall be used;

6. The name of the financial institution for his campaign depository; and

7. Such other information as shall be required by the State Board except that the account number for a designated depository account shall not be required.

D. In the case of any candidate who seeks election for successive terms in the same office, the statement of organization filed by the candidate shall continue in effect for such successive elections, but the candidate shall file notice of any changes in the information provided on the form within 10 days of the change with the State Board, local electoral board, or both, as appropriate.

§ 24.2-947.2. Campaign depositories; reimbursements of expenses; petty cash fund.

A. Upon meeting any of the requirements of subsection A of § 24.2-947.1, the candidate shall designate a campaign depository, which shall be maintained in a financial institution within the Commonwealth, in an account properly identifying the name of and the existence of the political candidacy.

B. No candidate, campaign treasurer, or other individual shall pay any expense on behalf of a candidate, directly or indirectly, except by a check drawn on such designated depository identifying the name of the campaign committee and candidate. However, a candidate, treasurer, or other authorized member of the candidate's campaign staff may be reimbursed, by a check drawn on the designated depository, or according to the provisions of subsection C, for the payment of expenses (i) paid by him by check, cash, or credit or debit card, (ii) made on behalf of the campaign, and (iii) fully documented by complete records of the expenditure, maintained as required by this chapter, and including receipts identifying the nature of the expenses and the names and addresses of each person paid by the recipient of the reimbursement.

C. A campaign committee (a) may establish a petty cash fund to be utilized for the purpose of making expenditures or reimbursing verified credit card expenditures of less than $200 if complete records of such expenditures are maintained as required by this chapter and (b) may transfer funds from the designated campaign depository to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account, complete records are maintained, and all expenditures are made through the designated depository account.  

D. 1. Notwithstanding the provisions of this section pertaining to campaign committee depositories and accounts, the campaign committee’s treasurer may establish a separate federal compliance account in the candidate's designated campaign depository for the purpose of complying with requirements of federal law including, without limitation, restrictions on sources and amounts of campaign contributions applicable to federal candidates and officeholders. The candidate and campaign treasurer shall report all contributions and expenditures for an account established pursuant to this subsection on a consolidated basis with the candidate's campaign account established pursuant to this section in disclosure reports filed pursuant to this article. In addition, the treasurer may transfer funds from a federal compliance account created pursuant to this subsection to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account created pursuant to subsection A, complete records are maintained, and all expenditures are made through the designated depository account.

2. A committee registered with the Federal Election Commission which is not otherwise required by this chapter to file with the State Board, shall not be deemed to have triggered such filing requirements solely by virtue of one or more contributions to one or more federal compliance accounts created pursuant to this subsection. 

§ 24.2-947.3. Campaign committee treasurer requirements and responsibilities.

A. Upon meeting any of the requirements of subsection A of § 24.2-947.1, the candidate shall appoint a single campaign treasurer who shall be a registered voter in Virginia. Every treasurer so appointed shall accept the appointment, in writing on the statement of organization, prior to the filing thereof. No individual shall act as treasurer unless the required statement of appointment has been filed. The same person may serve as campaign treasurer for more than one candidate.

B. In the event of the death, resignation, removal, or change of the treasurer, the candidate shall designate a successor and file the name and address of the successor within 10 days of the change with the State Board, local electoral board, or both, as provided in subsection B of § 24.2-947.1.

C. Any candidate who fails to appoint a treasurer or successor treasurer shall be deemed to have appointed himself treasurer and shall comply as such with the provisions of this chapter.

D. All contributions and expenditures received or made by any candidate, or received or made on his behalf or in relation to his candidacy by any person, except independent expenditures, shall be paid over or delivered to the candidate's treasurer or shall be reported to the treasurer in such detail and form as to allow him to comply fully with this chapter. An independent expenditure shall be reported pursuant to § 24.2-945.2 in lieu of being reported to the candidate's treasurer.

E. The candidate or his treasurer shall keep detailed and accurate accounts of all contributions turned over to and expenditures made by the candidate or his treasurer on behalf of the candidate or his campaign committee, or reported to any candidate or his treasurer pursuant to this article. Such account shall set forth the date of the contribution or expenditure, its amount or value, the name and address of the person or committee making the contribution or to whom the expenditure was made, and the object or purpose of the contribution or expenditure. Such books and records may be destroyed or discarded at any time after (i) one year from the date of filing the final report required by § 24.2-948.4 or (ii) three years after the December 31 immediately following the election, whichever last occurs, unless a court of competent jurisdiction shall order their retention for a longer period.

F. It shall be unlawful for any candidate, his treasurer, or any person receiving contributions or making expenditures on a candidate's behalf or in relation to his candidacy, to fail to report every contribution and expenditure as required by this article.

§ 24.2-947.4. Information to be included on campaign finance reports for campaign committees.

A. The reports required by this article shall be filed on a form prescribed by the State Board and shall include all financial activity of the campaign committee. All completed forms shall be submitted in typed, printed, or legibly hand printed format or electronically as provided in § 24.2-946.1. Persons submitting the forms shall do so subject to felony penalties for making false statements pursuant to § 24.2-1016.

B. The report of receipts shall include:

1. The total number of contributors, each of whom has contributed an aggregate of $100 or less, including cash and in-kind contributions, as of the date of the report, and the total amount of contributions from all such contributors;

2. For each contributor who has contributed an aggregate of more than $100, including cash and in-kind contributions, as of the ending date of the report, the campaign committee shall itemize each contributor on the report and list the following information:

a. the name of the contributor, listed alphabetically,

b. the mailing address of the contributor,

c. the amount of the contribution,

d. the aggregate amount of contributions from the contributor to date,

e. the date of the contribution,

f. the occupation of the contributor,

g. the name of his employer or principal business, and

h. the city and state where employed or where his business is located.

For each such contributor, other than an individual, the principal type of business and place of business of the contributor shall be substituted for subdivisions f and g, respectively. For each such contributor other than an individual, it shall be sufficient to list the address of the contributor one time on the report of receipts.

C. The report of disbursements shall include all expenditures and give:

1. The name and address of the person paid;

2. A brief description of the purpose of the expenditure;

3. The name of the person contracting for or arranging the expenditure;

4. The amount of the expenditure; and

5. The date of the expenditure.

The report of disbursements shall itemize any expenditure made by credit card payment.

D. Each report for a candidate shall list separately those receipts and expenditures reported to the candidate or his treasurer by any person, campaign committee, or political committee pursuant to subsection D of § 24.2-947.3, and in the case of in-kind contributions, shall set forth in each instance the source of the information reported.

E. The report shall list separately all loans and, for each loan, shall give:

1. The date the loan was made;

2. The name and address of the person making the loan and any person who is a co-borrower, guarantor, or endorser of the loan;

3. The amount of the loan;

4. The date and amount of any repayment of the loan; and

5. For any loan or part of a loan that is forgiven by the lender, the amount forgiven listed as both a contribution and loan repayment.

F. The State Board shall provide for a "no activity" report that may be filed for any reporting period in which the filer has no activity to report.

G. It is the joint responsibility of the candidate and his treasurer that the report of a candidate be filed, that the report be in full and accurate detail, and that the report be received by the State Board, local electoral board, or both, by the deadline for filing the report.

§ 24.2-947.5. With whom candidates file reports.

A. Candidates for statewide office shall file the reports required by this article by computer or electronic means in accordance with the standards approved by the State Board.

B. Candidates for the General Assembly may file reports required by this article with the State Board by computer or electronic means in accordance with the standards approved by the State Board. Nonelectronic reports for the General Assembly shall be filed with the State Board and with the electoral board of the locality where the candidate resides.

C. Except as provided in § 24.2-948.1, candidates for any other office shall file with the electoral board of the locality in which the candidate resides.

D. Any report that may be filed with the State Board by mail shall be (i) received by the State Board by the deadline for filing the report or (ii) transmitted to the State Board by telephonic transmission to a facsimile device by the deadline for filing the report with an original copy of the report mailed to the State Board and postmarked by the deadline for filing the report.

§ 24.2-947.6. Filing schedule for candidates for office; November elections.

A. Any candidate for any office to be filed at a November general election, shall file the prescribed campaign finance reports as follows:

1. Not later than July 15 in a nonelection year for the period January 1 through June 30;

2. Not later than January 15 following a nonelection year for the period July 1 through December 31;

3. In an election year, not later than April 15 for the period January 1 through March 31 and pursuant to subdivisions 4 through 9 of this section;

4. Not later than the eighth day before the primary date complete through the thirteenth day before the primary date;

5. Not later than July 15 complete through June 30;

6. Not later than September 15 complete through August 31;

7. Not later than October 15 complete through September 30;

8. Not later than the eighth day before the November election date complete through the thirteenth day before the election date;

9. Not later than the thirtieth day after the November election date complete through the twenty-third day after the election date; and

10. Not later than January 15 following an election year complete through December 31, and then in accordance with subdivisions A 1 and A 2 or subdivisions A 3 through A 9, as appropriate, of this subsection until a final report is filed.

B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 3 through A 9 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 3 through A 9.

C. Any candidate shall also file any report of certain large contributions required by § 24.2-947.9 or 24.2-948, if applicable.

§ 24.2-947.7. Filing schedule for candidates for office; May elections.

A. Any candidate for election to a local office to be filled at a May general election shall file the prescribed campaign finance reports as follows:

1. For municipal primary candidates only, not later than the eighth day before the primary date complete through the eleventh day before the primary;

2. Not later than the eighth day before the election date complete through the eleventh day before the election date;

3. Not later than June 15 of the election year complete through June 10;

4. Not later than July 15 of the election year complete through June 30; and

5. Not later than the following January 15 complete through December 31 and semiannually thereafter, not later than July 15 complete through June 30 and not later than January 15 complete through December 31, until a final report is filed.

B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 1 through A 5 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 1 through A 5.

C. Any candidate shall also file any report of certain large contributions required by § 24.2-947.9 or 24.2-948, if applicable.

§ 24.2-947.8. Filing requirements for special elections.

A. Candidates for nomination or election to an office to be filled by a special election held on a regular election date shall file the prescribed reports of contributions and expenditures which apply to regularly scheduled elections for that office.

B. In the case of a special election held on a date other than a regularly scheduled general election, the candidate shall file as follows:

1. A report not later than the eighth day before the special election date complete through the eleventh day before that date;

2. A postelection report no later than the thirtieth day after the election and prior to taking office; and

3. A postelection report not later than January 15 and July 15 each year until a final report is filed.

C. Any candidate, who has been subject to the election year filing schedule set out in subdivisions B 1 through B 3 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in § 24.2-947.6 or 24.2-947.7 as appropriate for that office.

D. Any candidate shall also file any report of certain large contributions required by § 24.2-947.9 or 24.2-948, if applicable.

§ 24.2-947.9. Special report required of certain large pre-election contributions.

A. Any contribution reported pursuant to this section shall also be reported on the first report required by this article after any election.

B. Statewide and General Assembly candidates shall file all reports required by this section with the State Board and with the electoral board of the locality where the candidate resides. Any candidate for a constitutional or local office shall file such reports with the electoral board of the locality where the candidate resides.

C. Except as provided in subsection D, any single contribution of $5,000 or more for a statewide office, $1,000 or more for the General Assembly, or $500 or more for any other office, knowingly received or reported by the candidate or his treasurer on behalf of his candidacy (i) on and after the twelfth day preceding a primary and before the primary date, (ii) on and after the twelfth day preceding a general election and before the general election date, or (iii) on and after the eleventh day preceding any other election in which the individual is a candidate and before the election day, shall be reported in writing as provided in § 24.2-947.4 or electronically pursuant to § 24.2-946.1, and the report shall be received by the State Board or local electoral board, as appropriate, by 5:00 p.m. on the following day or for a contribution received on a Saturday by 5:00 p.m. on the following Monday. However, any such contribution received within the 24 hours prior to the election day shall be reported and a report thereof received on the day prior to the election. 

D. The reports required by subsection C of this section shall also be required of any candidate for nomination by a political party to serve as the party's nominee in a general or special election if (i) the party nominates by convention or any method other than a primary and (ii) there are at least two candidates for nomination pursuant to the rules and procedures of the party. In such case, candidates for nomination shall be required to file the reports required by subsection C for the 12-day or 11-day period, as specified by subsection C, immediately preceding:

1. The caucus, mass meeting, convention, or other nominating event at which the party's nomination shall be finally determined pursuant to the rules and procedures of the party; and

2. Any caucus, mass meeting, convention, or other nominating event, other than that at which the party's nomination shall be finally determined, at which delegates are chosen who are pledged to support a specified candidate on at least one ballot at a subsequent district or state convention required as part of the nominating process.

E. No report shall be required pursuant to subsection D if the candidate is or has become, by virtue of the withdrawal of any opponent or the operation of the rules and procedures of the party, unopposed for nomination at the time such report otherwise would be required to be made.

§ 24.2-948. Special reports required of certain large contributions received by members of county boards of supervisors and city and town councils.

A. Any contribution reported pursuant to this section shall also be reported on the next report required by this article.

B. The campaign committee of any incumbent member of a county board of supervisors or city or town council shall report as required by this section any single contribution of $500 or more knowingly received by the member's campaign committee during any year other than the election year for his office. The receipt of the contribution shall be reported in writing as provided in § 24.2-947.4 or electronically pursuant to § 24.2-946.1, and the report shall be received by the local electoral board by the end of the fifteenth business day following receipt of the contribution. The campaign committee of a member of a county board of supervisors or city or town council shall file the reports required by this section with the electoral board of the locality where the incumbent member resides. Any contribution reported pursuant to this section shall also be reported on the first periodic report required by this article following receipt of the contribution.

C. The report shall be on a form prescribed by the State Board and shall include (i) the name of the contributor, the address of the contributor, and the amount of the contribution; (ii) for each such individual contributor, the occupation of the contributor, the name of his employer or principal business, and the locality where employed or where his business is located; and (iii) for each such contributor, other than an individual, the place of business and principal type of business of the contributor.

§ 24.2-948.1. Exemption from reporting requirements for certain candidates for local office.

A. This section shall apply to candidates for local office. A candidate for local office may seek an exemption from the requirements for filing campaign finance disclosure reports set out in this chapter except for the filing requirements of §§ 24.2-945.2, 24.2-947.1, 24.2-947.9, 24.2-948, and 24.2-948.4 pertaining to certain independent expenditures, the statement of organization, large contributions, and the filing of a final report. The request for an exemption shall be filed with the electoral board of the county or city where the candidate resides on a form prescribed by the State Board and in accordance with instructions by the State Board for the time for filing and the process for approval by the electoral board.

B. To qualify for an exemption, the candidate shall certify on the form that (i) he has not and will not solicit or accept any contribution from any other person or political committee during the course of his campaign, (ii) he has not and will not contribute to his own campaign more than $1,000, (iii) he has not and will not expend more than $1,000 in the course of his campaign, and (iv) that he has complied and will comply with the requirements of this chapter. This certification shall apply for the duration of the campaign until the filing of a final report in compliance with § 24.2-948.4 after the election. A candidate may rescind his certification and exemption at any time during the campaign and shall file in accordance with the appropriate filing schedule thereafter, provided that the candidate rescinds his certification prior to engaging in the activities described in clauses (i), (ii), and (iii) of this subsection. The first report filed shall account for all prior contributions and expenditures pertaining to his campaign.

C. Any candidate who has qualified for an exemption from reporting requirements pursuant to this section shall not be permitted to qualify for any office, enter upon the duties thereof, or receive any salary or emoluments therefrom until a final report has been filed that details all financial activity of the candidate's campaign and states that all reporting for the nomination and election is complete and final. No officer authorized by the laws of the Commonwealth to issue certificates of election shall issue one to any person determined to be elected to any such office, until copies of the final report cited above have been filed as required in this chapter.

D. A candidate who has a current exemption under the provisions of this section, or who is otherwise exempt from reporting contributions and expenditures under this chapter, may purchase voter lists from the State Board under the provisions of §§ 24.2-405 and 24.2-406 with a check drawn on the candidate's personal account.

§ 24.2-948.2. Reports as condition to qualification for office.

A. No person shall be permitted to qualify for any office, enter upon the duties thereof, or receive any salary or emoluments therefrom until he has filed the campaign finance reports required in subdivisions A 3 through A 9 of § 24.2-947.6; subdivisions A 1, A 2, and A 3 of § 24.2-947.7; and subdivisions B 1 and B 2 of § 24.2-947.8, as applicable; and a final report if required by subsection C of § 24.2-948.1; and has responded to and complied with any notice that additional information is required to complete a report in compliance with § 24.2-953.3. No officer authorized by the laws of this Commonwealth to issue certificates of election shall issue one to any person determined to be elected to any such office, until copies of the reports cited above have been filed as required in this article.

B. Notwithstanding the requirements of subsection A, a person who is elected to fill a vacancy at a special election held on a general election day may qualify for the office and be issued a certificate of election in advance of filing the postelection report required to be filed under subdivision A 9 of § 24.2-947.6 in the case of a November election, or under subdivision A 3 of § 24.2-947.7 in the case of a May election, upon the filing of a postelection report complete through the election day.

§ 24.2-948.3. Compliance with reporting requirements of campaign finance disclosure act as requirement of candidacy for certain offices.

A. It shall be a requirement of candidacy in any election for statewide office or the General Assembly that the candidate shall have filed the disclosure reports required by this chapter for any election in which he participated as a candidate for any such office and which was held within the five years preceding the date of the election in which he seeks to be a candidate. For the purposes of this section, the candidate shall be presumed to have complied with the candidate disclosure reporting requirements unless (i) the State Board or local electoral board, whichever is appropriate, has notified the candidate, at least 60 days prior to the applicable deadline for him to file his written statement of qualification set out in § 24.2-503, that he has failed to file a required report or reports and (ii) the candidate fails to file the specified report or reports by the applicable deadline for filing his written statement of qualification.

B. The authority of the State Board to grant an extension of the deadline established in § 24.2-503 shall include the authority to grant such extension with respect to the requirements of this section.

§ 24.2-948.4. Final report requirement; disbursement of surplus funds.

A. A final report shall be filed by every campaign committee which sets forth (i) all receipts and disbursements not previously reported, (ii) an accounting of the retirement of all debts, and (iii) the disposition of all surplus funds as provided in subsection D. The final report shall include a termination statement, signed by the candidate, that all reporting for the campaign committee is complete and final. Once a campaign committee’s final report has been filed, no further report relating to that election shall be required.

B. A final report shall be required when (i) a candidate no longer seeks election to the same office in a successive election, (ii) a candidate seeks election to a different office, or (iii) the candidate is deceased.

C. If the candidate is deceased, the final report shall be filed and signed by the treasurer. If the candidate was serving as his own treasurer, his executor shall file and sign the final report. Any excess contributed funds shall be disposed of pursuant to the provisions of subsection D.

D. Amounts received by a candidate or his campaign committee as contributions that are in excess of the amount necessary to defray his campaign expenditures may be disposed of only by one or any combination of the following: (i) transferring the excess for use in a succeeding election or to retire the deficit in a preceding election; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in § 170(c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political party committee; and (vi) defraying any ordinary, nonreimbursed expense related to his elective office. It shall be unlawful for any person to convert any contributed moneys, securities, or like intangible personal property to his personal use.

Article 4.
Political Action Committees.

§ 24.2-949. Political action committee election cycle.

The political action committee’s election cycle shall be deemed to begin on January 1 and continue through December 31 of each calendar year. 

§ 24.2-949.1. Establishment of political action committees by certain entities.

Any stock or nonstock corporation, labor organization, membership organization, cooperative, or other group of persons may establish and administer for political purposes, and solicit and expend contributions for, a political action committee, provided that:

1. No political action committee shall make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisal, threat of force, or as a condition of employment.

2. Any person soliciting a contribution to a political action committee shall, at the time of solicitation, inform the person being solicited of (i) his right to refuse to contribute without any reprisal and (ii) the political purposes of the committee.

§ 24.2-949.2. Statement of organization for a political action committee.

A. Except as provided in subsection B, each political action committee that anticipates receiving contributions or making expenditures in excess of $200 in a calendar year shall file with the State Board a statement of organization 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 receive contributions or make expenditures in excess of $200 or on which it otherwise becomes subject to the provisions of this chapter. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.

The statement of organization shall include:

1. The name of the political action committee and its address in the Commonwealth;

2. The names, addresses, and relationships of affiliated or connected organizations;

3. The area, scope, or jurisdiction of the political action committee;

4. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the political action committee for the purpose of service of process on the political action committee;

5. The name, residence address in the Commonwealth, business address, and position of the custodian of the books and accounts, who works under the direction of the treasurer, and the address in the Commonwealth where the books are maintained;

6. The name, address, office sought, and party affiliation of each individual whom the political action committee is supporting or opposing for nomination or for election to any public office whatever or, if supporting the entire ticket of any party, the name of the party;

7. The designated depository to be used for the receipt and holding of funds and contributions received by the political action committee, in an account in a financial institution within the Commonwealth; and  

8. Such other information as shall be required by the State Board except that the account number for the designated depository account shall not be required.

B. Notwithstanding the provisions of subsection A, a political action committee that is established or controlled by a corporation doing business in Virginia shall provide the following information in its statement of organization in lieu of the information required in subdivisions 1, 4, 5, and 7 of subsection A:

1. The name and address of the political action committee;

2. The name and residence and business addresses of the treasurer;

3. The name, residence address, and position of the custodian of the books who works under the direction of the treasurer; and

4. A listing of all banks, safe-deposit boxes, or other repositories used.

§ 24.2-949.3. Use of candidate's name in name of political committee.

A. No political action committee required to file a statement of organization pursuant to § 24.2-949.2 shall include in any part of its name the name of a candidate unless the political action committee either (i) has obtained, prior to filing, the written authorization of the candidate to use the candidate's name as part of the name of the political action committee or (ii) has mailed by certified mail, 21 or more days prior to filing, written notice to the candidate of its intent to use his name as part of the name of the political action committee.

B. Any political action committee which intends to use the name of a candidate as part of the name of the political action committee shall file with the statement of organization required by § 24.2-949.2 either (i) a copy of the written authorization of the candidate consenting to the use of his name or (ii) a copy of its notice to the candidate and evidence of its timely mailing. If two candidates seeking the same office have the same surname, the political action committee shall include the first name, or other initial or nickname, and the last name of the candidate, in the name of the political action committee so as to identify which candidate is associated with the political action committee; and either the written authorization of the identified candidate or written notice to the identified candidate shall be required by this section.

§ 24.2-949.4. Political action committee treasurer requirements and responsibilities.

A. The treasurer shall keep detailed and accurate accounts of all contributions turned over to and expenditures made by the committee, the treasurer, or other officer on behalf of the political action committee, or reported to the treasurer pursuant to this chapter. Such account shall set forth the date of the contribution or expenditure, its amount or value, the name and address of the person or committee making the contribution or to whom the expenditure was made, and the object or purpose of the contribution or expenditure. 

Such books and records may be destroyed or discarded at any time after (i) one year from the date of filing the final report required by § 24.2-949.9 or (ii) a period of three years, whichever first occurs, unless a court of competent jurisdiction shall order their retention for a longer period.

B. All receipts and expenditures received or made by any political action committee, or received or made on its behalf or in relation to the committee by any individual or person, except independent expenditures, shall be paid over or delivered to the political action committee’s treasurer or shall be reported to the treasurer in such detail and form as to allow him to comply fully with this article. An independent expenditure shall be reported pursuant to § 24.2-945.2 in lieu of being reported to the political action committee’s treasurer.

C. It shall be unlawful for any political action committee, its treasurer, or any person receiving contributions or making expenditures on the committee’s behalf or in relation to the committee, to fail to report every contribution and expenditure as required by this article.

D. No political action committee treasurer or other individual shall pay any expense on behalf of the committee, directly or indirectly, except by a check drawn on such designated depository identifying the name of the political action committee. However, a treasurer or other authorized officer of the political action committee may be reimbursed, by a check drawn on the designated depository, for the payment of expenses (i) paid by him by check, cash, or credit or debit card, (ii) made on behalf of the committee, and (iii) fully documented by complete records of the expenditure, maintained as required by this chapter, and including receipts identifying the nature of the expenses and the names and addresses of each person paid by the recipient of the reimbursement.

E. A treasurer of a political action committee (a) may establish a petty cash fund to be utilized for the purpose of making expenditures or reimbursing verified credit card expenditures of less than $200 if complete records of such expenditures are maintained as required by this chapter and (b) may transfer funds from the designated campaign depository to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account, complete records are maintained, and all expenditures are made through the designated depository account. 

§ 24.2-949.5. Information to be included on campaign finance reports for political action committees.

A. The reports required by this article shall be filed on a form prescribed by the State Board and shall include all financial activity of the political action committee. All completed forms shall be submitted in typed, printed, or legibly hand printed format or electronically as provided in § 24.2-946.1. Persons submitting the forms shall do so subject to felony penalties for making false statements pursuant to § 24.2-1016.

B. The report of receipts shall include:

1. The total number of contributors, each of whom has contributed an aggregate of $100 or less, including cash and in-kind contributions, as of the date of the report, and the total amount of contributions from all such contributors;

2. For each contributor who has contributed an aggregate of more than $100, including cash and in-kind contributions, as of the ending date of the report, the political action committee shall itemize each contributor on the report and list the following information:

a. the name of the contributor, listed alphabetically,

b. the mailing address of the contributor,

c. the amount of the contribution,

d. the aggregate amount of contributions from the contributor to date,

e. the date of the last contribution,

f. the occupation of the contributor,

g. the name of his employer or principal business, and

h. the locality where employed or where his business is located.

For each such contributor, other than an individual, the principal type of business and place of business of the contributor shall be substituted for subdivisions f and g, respectively. For each such contributor other than an individual, it shall be sufficient to list the address of the contributor one time on the report of receipts.

C. The report of disbursements shall include all expenditures and give:

1. The name and address of the person paid;

2. A brief description of the purpose of the expenditure;

3. The name of the person contracting for or arranging the expenditure;

4. The amount of the expenditure; and

5. The date of the expenditure.

The report of disbursements shall itemize any expenditure made by credit card payment.

D. Each report for a political action committee shall list separately those receipts and expenditures reported to the treasurer or other officer of the committee by any person, candidate campaign committee, or political committee, pursuant to subsection B of § 24.2-949.4, and in the case of in-kind contributions, shall set forth in each instance the source of the information reported.

E. The report shall list separately all loans, and for each loan, shall give:

1. The date the loan was made;

2. The name and address of the person making the loan and any person who is a co-borrower, guarantor, or endorser of the loan;

3. The amount of the loan;

4. The date and amount of any repayment of the loan; and

5. For any loan or part of a loan that is forgiven by the lender, the amount forgiven listed as both a contribution and loan repayment.

F. The State Board shall provide for a "no activity" report that may be filed for any reporting period in which the filer has no activity to report.

G. It is the responsibility of the treasurer that the report for the political action committee be filed and that the report be in full and accurate detail.

§ 24.2-949.6. Filing schedule for political action committees.

A. Political action committees shall file the prescribed campaign finance reports with the State Board in accordance with the applicable provisions of this section. The first filed report shall be complete for the entire period from the time the committee was organized or contributions were received.

B. The reporting requirements shall continue in effect for each committee until a final report is filed.

C. Political action committees shall file the prescribed campaign finance reports as follows:

1. Not later than April 15 complete from the preceding report through March 31;

2. Not later than July 15 complete from the preceding report through June 30;

3. Not later than October 15 complete from the preceding report through September 30; and

4. Not later than January 15 complete from the preceding report through December 31, and then continuing in accordance with this subsection until a final report is filed.

§ 24.2-949.7. Large dollar contribution reporting requirement for political action committees.

In addition to the quarterly reports required by § 24.2-949.6, political action committees shall report any single contribution or loan of $10,000 or more received at any time during the calendar year within three business days of receipt of the contribution or loan.

1. The report shall be filed on a "large dollar contribution report" form prescribed by the State Board and shall be filed in writing or electronically in the same manner as the political action committee files its quarterly disclosure reports.

2. Any contribution or loan reported pursuant to this section shall also be reported on the next subsequent report required under § 24.2-949.6 following receipt of the contribution or loan.

3. For the purposes of this section, political action committees shall report as one contribution multiple contributions from a single source that have been subdivided into smaller amounts or given through different bank accounts for the purpose of evading the $10,000 threshold. A political action committee that receives contributions from affiliated organizations shall not be deemed to be receiving contributions from a single source.

§ 24.2-949.8. With whom political action committees file reports; electronic filing requirement.

A. Political action committees required to file reports by this article shall file all statements and campaign finance reports with the State Board.

B. A political action committee that is required by this chapter to file reports with the State Board, and that accepts contributions or makes expenditures in excess of $10,000 in any calendar year, or that accepted contributions or made expenditures in excess of $10,000 in the previous calendar year, shall file its reports with the State Board by computer or electronic means in accordance with the standards approved by the State Board until such time as the political action committee files a final report. Any political action committee that has been filing electronically, but does not anticipate accepting contributions or making expenditures in excess of $10,000 in the upcoming calendar year, may sign a waiver, on a form prescribed by the State Board, to exempt the committee from the electronic filing requirement for the calendar year. Such waiver form shall be submitted and received no later than the date the first report is due covering activity for that calendar year.

C. For political action committees that are not subject to the provisions of subsection B, any report required to be filed with the State Board shall be deemed to be filed by the deadline for the report if it is mailed and postmarked not later than the deadline for filing the report.

§ 24.2-949.9. Final report requirement; disbursement of surplus funds.

A. Any political action committee that, after having filed a statement of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year in an aggregate amount exceeding $200 shall so notify the State Board. A final report shall be filed by the committee that sets forth (i) all receipts and disbursements not previously reported, (ii) an accounting of the retirement of all debts, and (iii) the disposition of the committee's surplus funds. This final report shall include a termination statement, signed by the treasurer or other principal officer listed on the statement of organization, that all reporting for the committee is complete and final.

B. Amounts received by a political action committee as contributions may be disposed of only by one or any combination of the following: (i) transferring the excess to an affiliated organization of the committee; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in § 170 (c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political party committee; and (vi) defraying any ordinary, nonreimbursed expense related to the political action committee. It shall be unlawful for any person to convert any contributed moneys, securities, or like intangible personal property to his personal use.

Article 5.
Political Party Committees.

§ 24.2-950. Political party committee election cycle.

The political party committee’s election cycle shall be deemed to begin on January 1 and continue through December 31 of each calendar year. 

§ 24.2-950.1. Certain political party committees exempt.

A. Except as provided in subsection B of this section, subsection D of § 24.2-947.3, and § 24.2-950.5, any local district, county, or city party committee shall be exempt from the reporting requirements of this chapter. Contributions made by such committee to any candidate, his campaign committee, or a political committee shall be reported by the recipient of the contribution in accordance with the provisions of this chapter.

B. The exemption provided in this section shall not be applicable to state political party committees, congressional district political party committees, or county or city political party committees for any county or city with a population of more than 100,000, or organized political party groups of elected officials. Any other political party committee shall be exempt from the reporting and notification requirements of this chapter, except as provided in §§ 24.2-945.2 and 24.2-950.5, in each calendar year in which it does not accept contributions totaling more than $15,000, or make contributions and expenditures totaling more than $15,000. Any such committee shall be subject to such reporting requirements as soon as it accepts aggregated contributions, or makes aggregated contributions and expenditures, in excess of $15,000 in a calendar year. The first report filed pursuant to § 24.2-950.6 shall account for all receipts and disbursements during the calendar year and shall be complete through the completion date for the report period.

§ 24.2-950.2. Statement of organization for a political party committee.

Except as provided in § 24.2-950.1, each political party committee that anticipates receiving contributions or making expenditures in excess of $200 in a calendar year shall file with the State Board a statement of organization 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 receive contributions or make expenditures in excess of $200 or on which it otherwise becomes subject to the provisions of this article. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.

The statement of organization shall include:

1. The name of the political party committee and its address in the Commonwealth;

2. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the political party committee for the purpose of service of process on the political party committee;

3. The name, residence in the Commonwealth, business address, and position of the custodian of the books and accounts, who works under the direction of the treasurer, and the address where the books are maintained;

4. The name, address, office sought, and party affiliation of each individual whom the committee is supporting or opposing for nomination or for election to any public office whatever, or if supporting the entire ticket of any party, the name of the party;

5. The designated depository to be used for the receipt and holding of funds and contributions received by the political party committee, in an account in a financial institution within the Commonwealth; and  

6. Such other information as shall be required by the State Board except that the account number for the designated  depository account shall not be required.

§ 24.2-950.3. Political party committee treasurer requirements and responsibilities.

A. The treasurer shall keep detailed and accurate accounts of all contributions turned over to and expenditures made by the political party committee, the treasurer, or other officer on behalf of the political party committee, or reported to the treasurer pursuant to this article. Such account shall set forth the date of the contribution or expenditure, its amount or value, the name and address of the person or committee making the contribution or to whom the expenditure was made, and the object or purpose of the contribution or expenditure. 

Such books and records may be destroyed or discarded at any time after (i) one year from the date of filing the final report required by § 24.2-950.9 or (ii) a period of three years, whichever first occurs, unless a court of competent jurisdiction shall order their retention for a longer period.

B. All contributions and expenditures received or made by any political party committee, or received or made on its behalf or in relation to the committee by any person, except independent expenditures, shall be paid over or delivered to the political party committee’s treasurer or shall be reported to the treasurer in such detail and form as to allow him to comply fully with this article. An independent expenditure shall be reported pursuant to § 24.2-945.2 in lieu of being reported to the political party committee’s treasurer.

C. It shall be unlawful for any political party committee, its treasurer, or any person receiving contributions or making expenditures on the committee’s behalf or in relation to the committee, to fail to report every contribution and expenditure as required by this article.

D. No political party committee treasurer or other individual shall pay any expense on behalf of the committee, directly or indirectly, except by a check drawn on such designated depository identifying the name of the political party committee. However, a treasurer or other authorized officer of the political party committee may be reimbursed, by a check drawn on the designated depository, for the payment of expenses (i) paid by him by check, cash, or credit or debit card, (ii) made on behalf of the party committee, and (iii) fully documented by complete records of the expenditure, maintained as required by this chapter, and including receipts identifying the nature of the expenses and the names and addresses of each person paid by the recipient of the reimbursement.

E. A treasurer of a political party committee (a) may establish a petty cash fund to be utilized for the purpose of making expenditures or reimbursing verified credit card expenditures of less than $200 if complete records of such expenditures are maintained as required by this chapter and (b) may transfer funds from the designated campaign depository to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account, complete records are maintained, and all expenditures are made through the designated depository account. 

§ 24.2-950.4. Information to be included on campaign finance reports for political party committees.

A. The reports required by this article shall be filed on a form prescribed by the State Board and shall include all financial activity of the political party committee. All completed forms shall be submitted in typed, printed, or legibly hand printed format or electronically as provided in § 24.2-946.1. Persons submitting the forms shall do so subject to felony penalties for making false statements pursuant to § 24.2-1016.

B. The report of receipts shall include:

1. The total number of contributors, each of whom has contributed an aggregate of $100 or less, including cash and in-kind contributions, as of the date of the report, and the total amount of contributions from all such contributors;

2. For each  contributor who has contributed an aggregate of more than $100, including cash and in-kind contributions, as of the ending date of the report, the political party committee shall itemize each contributor on the report and list the following information:

a. the name of the contributor, listed alphabetically,

b. the mailing address of the contributor,

c. the amount of the contribution,

d. the aggregate amount of contributions from the contributor to date,

e. the date of the last contribution,

f. the occupation of the contributor,

g. the name of his employer or principal business, and

h. the locality where employed or where his business is located.

For each such contributor, other than an individual, the principal type of business and place of business of the contributor shall be substituted for subdivisions f and g, respectively. For each such contributor other than an individual, it shall be sufficient to list the address of the contributor one time on the report of receipts.

C. The report of disbursements shall include all expenditures and give:

1. The name and address of the person paid;

2. A brief description of the purpose of the expenditure;

3. The name of the person contracting for or arranging the expenditure;

4. The amount of the expenditure; and

5. The date of the expenditure.

The report of disbursements shall itemize any expenditure made by credit card payment.

D. Each report for a political party committee shall list separately those receipts and expenditures reported to the treasurer or other officer of the committee by any person, campaign committee, or political committee pursuant to subsection B of § 24.2-950.3, and in the case of in-kind contributions, shall set forth in each instance the source of the information reported.

E. The report shall list separately all loans, and for each loan, shall give:

1. The date the loan was made;

2. The name and address of the person making the loan and any person who is a co-borrower, guarantor, or endorser of the loan;

3. The amount of the loan;

4. The date and amount of any repayment of the loan; and

5. For any loan or part of a loan that is forgiven by the lender, the amount forgiven listed as both a contribution and loan repayment.

F. The State Board shall provide for a "no activity" report that may be filed for any reporting period in which the filer has no activity to report.

G. It is the responsibility of the treasurer that the report for the political party committee be filed and that the report be in full and accurate detail.

§ 24.2-950.5. Political party committees required to report designated contributions.

A. Every state, district, county, and city party committee and every organized political party group of elected officials shall file a report of contributions received by it and designated in writing, orally, or otherwise by the contributor for the election of a specified candidate or candidates. The report shall (i) be on a form prescribed by the State Board and may be incorporated in the campaign finance report prescribed in § 24.2-950.4, (ii) provide for the reporting of the receipt and disbursement of designated contributions, including information to identify the contributor, as provided in § 24.2-950.4, (iii) include the name of the candidate for whose election the contributor has designated the contribution, and (iv) be filed with the State Board in accordance with § 24.2-950.4.

B. Either the failure to file any report or the late filing of any report required by this section shall constitute a violation of this chapter subject to the penalties provided in Article 8 of this chapter.

§ 24.2-950.6. Filing schedule for political party committees.

A. Political party committees shall file the prescribed campaign finance reports in accordance with the applicable provisions of this section. The first filed report shall be complete for the entire period from the time the committee was organized or contributions were received.

B. The reporting requirements shall continue in effect for each committee until a final report is filed.

C. Political party committees shall file the prescribed campaign finance reports as follows:

1. Not later than April 15 complete from the preceding report through March 31;

2. Not later than July 15 complete from the preceding report through June 30;

3. Not later than October 15 complete from the preceding report through September 30; and

4. Not later than January 15 complete from the preceding report through December 31, and then continuing in accordance with this subsection until a final report is filed.

§ 24.2-950.7. Large dollar reporting requirement for political party committees.

In addition to the quarterly reports required by § 24.2-950.6, political party committees shall report any single contribution or loan of $10,000 or more received at any time during the calendar year within three business days of receipt of the contribution or loan.

1. The report shall be filed on a "large dollar contribution report" form prescribed by the State Board and shall be filed in writing or electronically in the same manner as the person or committee files its quarterly disclosure reports.

2. Any contribution or loan reported pursuant to this section shall also be reported on the next subsequent report required under § 24.2-950.6 following receipt of the contribution or loan.

3. For the purposes of this section, political party committees shall report as one contribution multiple contributions from a single source that have been subdivided into smaller amounts or given through different bank accounts for the purpose of evading the $10,000 threshold. A political party committee that receives contributions from affiliated organizations shall not be deemed to be receiving contributions from a single source.

§ 24.2-950.8. With whom political party committees file reports.

A. Except as provided in subsection B, a political party committee that is required by this chapter to file reports with the State Board, and that accepts contributions or makes expenditures in excess of $10,000 in any calendar year, or that accepted contributions or made expenditures in excess of $10,000 in the previous calendar year, shall file its reports with the State Board by computer or electronic means in accordance with the standards approved by the State Board until such time as the political party committee files a final report. Any political party committee that has been filing electronically, but does not anticipate accepting contributions or making expenditures in excess of $10,000 in the upcoming calendar year, may sign a waiver, on a form prescribed by the State Board, to exempt the committee from the electronic filing requirement for the calendar year. Such waiver form shall be submitted and received no later than the date the first report is due covering activity for that calendar year.  

B. A county, city, or local district political party committee shall not be required to file by computer or electronic means if it files its reports with the electoral board of that county or city.

C. Other political party committees required to file reports by this article shall file all campaign finance reports with the State Board, if filing by electronic means, or with the State Board and the local electoral board for its jurisdiction if filing campaign finance reports by nonelectronic means.

§ 24.2-950.9. Final report requirement; transfer of surplus funds.

A. Any political party committee that, after having filed a statement of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year in an aggregate amount exceeding $200 shall so notify the State Board. A final report shall be filed by the committee that sets forth (i) all receipts and disbursements not previously reported, (ii) an accounting of the retirement of all debts, and (iii) the disposition of the committee's surplus funds. This final report shall include a termination statement, signed by the treasurer or other principal officer listed on the statement of organization, that all reporting for the committee is complete and final.

B. Amounts received by a political party committee as contributions may be disposed of only by one or any combination of the following: (i) transferring the excess to an affiliated organization of the committee; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in § 170(c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political party committee; and (vi) defraying any ordinary, nonreimbursed expense related to the political party committee. It shall be unlawful for any person to convert any contributed moneys, securities, or like intangible personal property to his personal use.

Article 6.
Referendum Committees.

§ 24.2-951. Referendum committee election cycle; political advertisement requirements.

A. The referendum committee’s election cycle shall be deemed to begin on the date that the referendum committee first organizes for the referendum through December 31 immediately following the referendum.

B. The provisions of Chapter 9.5 (§ 24.2-955 et seq.) shall not be applicable to referendum committees subject to the provisions of this article.

§ 24.2-951.1. Statement of organization for a referendum committee.

A. Any referendum committee subject to the provisions of this article shall file with the State Board a statement of organization 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 receive contributions or make expenditures in excess of the pertinent amounts stated in the definition of referendum committee in § 24.2-945.1. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.

B. The statement of organization for a referendum committee shall include:

1. The name of the referendum committee and its address in the Commonwealth;

2. The names, addresses, and relationships of affiliated or connected organizations;

3. The area, scope, or jurisdiction of the committee;

4. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the referendum committee for the purpose of service of process on the referendum committee;

5. The name, business address, and position of the custodian of the books and accounts who works under the direction of the treasurer, and the address in the Commonwealth where the books are maintained;

6. The subject of the referendum, the date and location of the election, and a statement whether the committee is promoting or opposing the referendum question;

7. The designated depository to be used for the receipt and holding of funds and contributions received by the referendum committee, in an account in a financial institution within the Commonwealth; and  

8. Such other information as shall be required by the State Board except that the account number for the designated depository account shall not be required.

§ 24.2-951.2. Referendum committee treasurer requirements and responsibilities.

A. The treasurer shall keep detailed and accurate accounts of all contributions turned over to and expenditures made by the referendum committee, the treasurer, or other officer on behalf of the referendum committee, or reported to the treasurer pursuant to this article.  Such account shall set forth the date of the contribution or expenditure, its amount or value, the name and address of the person or committee making the contribution or to whom the expenditure was made, and the object or purpose of the contribution or expenditure. 

Such books and records may be destroyed or discarded at any time after (i) one year from the date of filing the final report required by § 24.2-951.9 or (ii) a period of three years, whichever first occurs, unless a court of competent jurisdiction shall order their retention for a longer period.

B. All contributions and expenditures received or made by any referendum committee, or received or made on its behalf or in relation to the committee by any person, except independent expenditures, shall be paid over or delivered to the referendum committee’s treasurer or shall be reported to the treasurer in such detail and form as to allow him to comply fully with this article. An independent expenditure shall be reported pursuant to § 24.2-945.2 in lieu of being reported to the referendum committee’s treasurer.

C. It shall be unlawful for any referendum committee, its treasurer, or any person receiving contributions or making expenditures on the committee’s behalf or in relation to the committee, to fail to report every contribution and expenditure as required by this article.

D. No referendum committee treasurer or other individual shall pay any expense on behalf of the committee, directly or indirectly, except by a check drawn on such designated depository identifying the name of the referendum committee. However, a treasurer or other authorized officer of the referendum committee may be reimbursed, by a check drawn on the designated depository, for the payment of expenses (i) paid by him by check, cash, or credit or debit card, (ii) made on behalf of the committee, and (iii) fully documented by complete records of the expenditure, maintained as required by this chapter, and including receipts identifying the nature of the expenses and the names and addresses of each person paid by the recipient of the reimbursement.

E. A treasurer of a referendum committee (a) may establish a petty cash fund to be utilized for the purpose of making expenditures or reimbursing verified credit card expenditures of less than $200 if complete records of such expenditures are maintained as required by this chapter and (b) may transfer funds from the designated campaign depository to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account, complete records are maintained, and all expenditures are made through the designated depository account. 

§ 24.2-951.3. Information to be included on campaign finance reports for referendum committees.

A. The reports required by this article shall be filed on a form prescribed by the State Board and shall include all financial activity of the referendum committee. All completed forms shall be submitted in typed, printed, or legibly hand printed format or electronically as provided in § 24.2-946.1. Persons submitting the forms shall do so subject to felony penalties for making false statements pursuant to § 24.2-1016.

B. The report of receipts shall include:

1. The total number of contributors, each of whom has contributed an aggregate of $100 or less, including cash and in-kind contributions, as of the date of the report, and the total amount of contributions from all such contributors;

2. For each contributor who has contributed an aggregate of more than $100, including cash and in-kind contributions, as of the ending date of the report, the referendum committee shall itemize each contributor on the report and list the following information:

a. the name of the contributor, listed alphabetically,

b. the mailing address of the contributor,

c. the amount of the contribution,

d. the aggregate amount of contributions from the contributor to date,

e. the date of the last contribution,

f. the occupation of the contributor,

g. the name of his employer or principal business, and

h. the locality where employed or where his business is located.

For each such contributor, other than an individual, the principal type of business and place of business of the contributor shall be substituted for subdivisions f and g, respectively. For each such contributor other than an individual, it shall be sufficient to list the address of the contributor one time on the report of receipts.

C. The report of disbursements shall include all expenditures and give:

1. The name and address of the person paid;

2. A brief description of the purpose of the expenditure;

3. The name of the person contracting for or arranging the expenditure;

4. The amount of the expenditure; and

5. The date of the expenditure.

The report of disbursements shall itemize any expenditure made by credit card payment.

D. Each report for a referendum committee shall list separately those receipts and expenditures reported to the treasurer or other officer of the committee by any person, campaign committee, or political committee, pursuant to subsection B of § 24.2-951.2 and, in the case of in-kind contributions, shall set forth in each instance the source of the information reported.

E. The report shall list separately all loans and, for each loan, shall give:

1. The date the loan was made;

2. The name and address of the person making the loan and any person who is a co-borrower, guarantor, or endorser of the loan;

3. The amount of the loan;

4. The date and amount of any repayment of the loan; and

5. For any loan or part of a loan that is forgiven by the lender, the amount forgiven listed as both a contribution and loan repayment.

F. The State Board shall provide for a "no activity" report that may be filed for any reporting period in which the filer has no activity to report.

G. It is the responsibility of the treasurer that the report for the referendum committee be filed and that the report be in full and accurate detail.

§ 24.2-951.4. Filing schedule for referendum committees for referendums to be decided at November elections.

A. A referendum committee supporting or opposing a question on the ballot in a November election shall file the prescribed campaign finance reports as follows:

1. Not later than July 15 in any year in which the referendum is not on the ballot for the period January 1 through June 30;

2. Not later than January 15 in any year in which the referendum is not on the ballot for the period July 1 through December 31;

3. In an election year, not later than April 15 for the period January 1 through March 31 and pursuant to subdivisions 4 through 9 of this section;

4. Not later than the eighth day before the primary date complete through the thirteenth day before the primary date;

5. Not later than July 15 complete through June 30;

6. Not later than September 15 complete through August 31;

7. Not later than October 15 complete through September 30;

8. Not later than the eighth day before the November election date complete through the thirteenth day before the election date;

9. Not later than the thirtieth day after the November election date complete through the twenty-third day after the election date; and

10. Not later than January 15 following an election year complete through December 31.

B. A referendum committee may either (i) file a final report within six months after the referendum is held or (ii) continue as a political action committee more than six months after the referendum is held, provided that the committee submits an amended statement of organization to the State Board redesignating the committee as a political action committee and complies with the requirements for political action committees in Article 4 of this chapter including the reporting schedule set forth in § 24.2-949.6.

§ 24.2-951.5. Filing schedule for referendum committees for referendums to be decided at May general elections.

A. A referendum committee supporting or opposing a question on the ballot at a May election shall file the prescribed campaign finance reports as follows:

1. Not later than the eighth day before the election date complete through the eleventh day before the election date;

2. Not later than June 15 of the election year complete through June 10; and

3. Not later than July 15 of the election year complete through June 30.

B. A referendum committee may either (i) file a final report within six months after the referendum is held or (ii) continue as a political action committee more than six months after the referendum is held, provided that the committee submits an amended statement of organization to the State Board redesignating the committee as a political action committee and complies with the requirements for political action committees in Article 4 of this chapter including the reporting schedule set forth in § 24.2-949.6.

§ 24.2-951.6. Filing schedule for referendum committees for referendums to be decided at special elections.

A. A referendum committee supporting or opposing a question on the ballot at a special election shall file the prescribed campaign finance reports as follows:

1. A report not later than the eighth day before the special election date complete through the eleventh day before that date; and

2. A postelection report no later than the thirtieth day after the election.

B. A referendum committee may either (i) file a final report within six months after the referendum is held or (ii) continue as a political action committee more than six months after the referendum is held, provided that the committee submits an amended statement of organization to the State Board redesignating the committee as a political action committee and complies with the requirements for political action committees in Article 4 of this chapter including the reporting schedule set forth in § 24.2-949.6.

§ 24.2-951.7. Large dollar contribution reporting requirement for referendum committees.

In addition to the reports required by §§ 24.2-951.4, 24.2-951.5 and 24.2-951.6, referendum committees shall report any single contribution or loan of $10,000 or more received at any time during the calendar year within three business days of receipt of the contribution or loan.

1. The report shall be filed on a "large dollar contribution report" form prescribed by the State Board and shall be filed in writing or electronically in the same manner as the person or committee files its quarterly disclosure reports.

2. Any contribution or loan reported pursuant to this section shall also be reported on the next subsequent report required under this article following receipt of the contribution or loan.

3. For the purposes of this section, referendum committees shall report as one contribution multiple contributions from a single source that have been subdivided into smaller amounts or given through different bank accounts for the purpose of evading the $10,000 threshold.

4. A referendum committee that receives contributions from affiliated organizations shall not be deemed to be receiving contributions from a single source.

§ 24.2-951.8. With whom referendum committees file reports; electronic filing requirement.

A. Referendum committees required to file statements or reports by this article shall file all reports with the State Board.

B. A referendum committee that is required by this chapter to file reports with the State Board, and that accepts contributions or makes expenditures in excess of $10,000 in any calendar year, or that accepted contributions or made expenditures in excess of $10,000 in the previous calendar year, shall file its reports with the State Board by computer or electronic means in accordance with the standards approved by the State Board until such time as the referendum committee files a final report or until subject to the provisions of subsection B of § 24.2-951.1.

C. Any referendum committee that has been filing electronically, but does not anticipate accepting contributions or making expenditures in excess of $10,000 in the upcoming calendar year, may sign a waiver, on a form prescribed by the State Board, to exempt the committee from the electronic filing requirement for the calendar year. Such waiver form shall be submitted and received no later than the date the first report is due covering activity for that calendar year.

§ 24.2-951.9. Final report requirement; disbursement of surplus funds.

A. Any referendum committee that disbands after having filed a statement of organization shall so notify the State Board. A final report shall be filed by the committee that sets forth (i) all receipts and disbursements not previously reported, (ii) an accounting of the retirement of all debts, and (iii) the disposition of the committee's surplus funds. This final report shall include a termination statement, signed by the treasurer or other principal officer listed on the statement of organization, that all reporting for the committee is complete and final.

B. Amounts received by a referendum committee as contributions may be disposed of only by one or any combination of the following: (i) transferring the excess to an affiliated organization of the committee; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in § 170(c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political committee; and (vi) defraying any ordinary, nonreimbursed expense related to the referendum committee. It shall be unlawful for any person to convert any contributed moneys, securities, or like intangible personal property to his personal use.

Article 7.
Inaugural Committees.

§ 24.2-952. General provisions.

Any inaugural committee shall maintain all inaugural funds in a separate account and in such detail and form as to allow full compliance with this chapter. A candidate's campaign committee shall not serve as an inaugural fund committee.

§ 24.2-952.1. Statement of organization for an inaugural committee.

Each inaugural committee shall file with the State Board a statement of organization within 10 days after its organization. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.

The statement of organization shall include:

1. The name of the committee and its address in the Commonwealth;

2. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the inaugural committee for the purpose of service of process on the inaugural committee;

3. The name, residence address in the Commonwealth, business address, and position of the custodian of the books and accounts who works under the direction of the treasurer and the address where the books are maintained, if different from the business address of the custodian of the books and accounts;  

4. The name and residence address of the elected official for whose inauguration the committee is organized; 

5. The designated depository to be used for the receipt and holding of funds and contributions received by the committee, in an account in a financial institution within the Commonwealth; and  

6. Such other information as shall be required by the State Board except that the account number for the designated depository account shall not be required.  

§ 24.2-952.2. Inaugural committee treasurer requirements and responsibilities.

A. The treasurer shall keep detailed and accurate accounts of all contributions turned over to and expenditures made by the committee, the treasurer, or other officer on behalf of the inaugural committee, or reported to the treasurer pursuant to this article. Such account shall set forth the date of the contribution or expenditure, its amount or value, the name and address of the person or committee making the contribution or to whom the expenditure was made, and the object or purpose of the contribution or expenditure.   

Such books and records may be destroyed or discarded at any time after (i) one year from the date of filing the final report required by § 24.2-952.7 or (ii) a period of three years, whichever first occurs, unless a court of competent jurisdiction shall order their retention for a longer period.

B. All contributions and expenditures received or made by any inaugural committee, or received or made on its behalf or in relation to the committee by any person, except independent expenditures, shall be paid over or delivered to the inaugural committee’s treasurer or shall be reported to the treasurer in such detail and form as to allow him to comply fully with this article. An independent expenditure shall be reported pursuant to § 24.2-945.2 in lieu of being reported to the inaugural committee’s treasurer.

C. It shall be unlawful for any inaugural committee, its treasurer, or any person receiving contributions or making expenditures on the committee’s behalf or in relation to the committee, to fail to report every contribution and expenditure as required by this article.

D. No inaugural committee treasurer or other individual shall pay any expense on behalf of the committee, directly or indirectly, except by a check drawn on such designated depository identifying the name of the inaugural committee. However, a treasurer or other authorized officer of the inaugural committee may be reimbursed, by a check drawn on the designated depository, for the payment of expenses (i) paid by him by check, cash, or credit or debit card, (ii) made on behalf of the committee, and (iii) fully documented by complete records of the expenditure, maintained as required by this article, and including receipts identifying the nature of the expenses and the names and addresses of each person paid by the recipient of the reimbursement.

E. A treasurer of an inaugural committee (a) may establish a petty cash fund to be utilized for the purpose of making expenditures or reimbursing verified credit card expenditures of less than $200 if complete records of such expenditures are maintained as required by this chapter and (b) may transfer funds from the designated campaign depository to an account or instrument to earn interest on the funds so long as the transferred funds and earned interest are returned to the designated depository account, complete records are maintained, and all expenditures are made through the designated depository account. 

§ 24.2-952.3. Information to be included on campaign finance reports for inaugural committees.

A. The reports required by this article shall be filed on a form prescribed by the State Board and shall include all financial activity of the inaugural committee. All completed forms shall be submitted in typed, printed, or legibly hand printed format or electronically as provided in § 24.2-946.1. Persons submitting the forms shall do so subject to felony penalties for making false statements pursuant to § 24.2-1016.

B. The report of receipts shall include:

1. The total number of contributors, each of whom has contributed an aggregate of $100 or less, including cash and in-kind contributions, as of the date of the report, and the total amount of contributions from all such contributors;

2. For each contributor who has contributed an aggregate of more than $100, including cash and in-kind contributions, as of the ending date of the report, the campaign committee shall itemize each contributor on the report and list the following information:

a. the name of the contributor, listed alphabetically,

b. the mailing address of the contributor,

c. the amount of the contribution,

d. the aggregate amount of contributions from the contributor to date,

e. the date of the last contribution,

f. the occupation of the contributor,

g. the name of his employer or principal business, and

h. the locality where employed or where his business is located.

For each such contributor, other than an individual, the principal type of business and place of business of the contributor shall be substituted for subdivisions f and g, respectively. For each such contributor other than an individual, it shall be sufficient to list the address of the contributor one time on the report of receipts.

C. The report of disbursements shall include all expenditures and give:

1. The name and address of the person paid;

2. A brief description of the purpose of the expenditure;

3. The name of the person contracting for or arranging the expenditure;

4. The amount of the expenditure; and

5. The date of the expenditure.

The report of disbursements shall itemize any expenditure made by credit card payment.

D. Each report for an inaugural committee shall list separately those receipts and expenditures reported to the treasurer or other officer of the committee by any person, candidate campaign committee, political committee, pursuant to subsection B of § 24.2-952.2, and in the case of in-kind contributions, shall set forth in each instance the source of the information reported.

E. The report shall list separately all loans, and for each loan, shall give:

1. The date the loan was made;

2. The name and address of the person making the loan and any person who is a co-borrower, guarantor, or endorser of the loan;

3. The amount of the loan;

4. The date and amount of any repayment of the loan; and

5. For any loan or part of a loan that is forgiven by the lender, the amount forgiven listed as both a contribution and loan repayment.

F. The State Board shall provide for a "no activity" report that may be filed for any reporting period in which the filer has no activity to report.

G. It is the responsibility of the treasurer that the report for the inaugural committee be filed and that the report be in full and accurate detail.

§ 24.2-952.4. Filing schedule for inaugural committees.

An inaugural committee shall file the prescribed reports of contributions and expenditures as follows:

1. Not later than March 15 immediately following the inauguration for all contributions and expenditures made prior to the preceding March 1;

2. Not later than July 15 of the inauguration year complete through June 30;

3. Not later than the following January 15 complete through December 31; and

4. Not later than January 15 complete through December 31 and annually thereafter until a final report is filed.

§ 24.2-952.5. Large dollar contribution reporting requirement for inaugural committees.

In addition to the reports required by § 24.2-952.4, inaugural committees shall report any single contribution or loan of $10,000 or more received at any time during the calendar year within three business days of receipt of the contribution or loan.

1. The report shall be filed on a "large dollar contribution report" form prescribed by the State Board and shall be filed in writing or electronically in the same manner as the committee files its quarterly disclosure reports.

2. Any contribution or loan reported pursuant to this section shall also be reported on the next subsequent report required under § 24.2-952.4 following receipt of the contribution or loan.

3. For the purposes of this section, inaugural committees shall report as one contribution multiple contributions from a single source that have been subdivided into smaller amounts or given through different bank accounts for the purpose of evading the $10,000 threshold.

4. An inaugural committee that receives contributions from affiliated organizations shall not be deemed to be receiving contributions from a single source.

§ 24.2-952.6. With whom inaugural committees file reports; electronic filing requirement.

A. Inaugural committees required to file reports by this chapter shall file all campaign finance reports with the State Board.

B. An inaugural committee that is required by this chapter to file reports with the State Board, and that accepts contributions or makes expenditures in excess of $10,000 in any calendar year, or that accepted contributions or made expenditures in excess of $10,000 in the previous calendar year, shall file its reports with the State Board by computer or electronic means in accordance with the standards approved by the State Board until such time as the committee files a final report.

C. Any inaugural committee that has been filing electronically, but does not anticipate accepting contributions or making expenditures in excess of $10,000 in the upcoming calendar year, may sign a waiver, on a form prescribed by the State Board, to exempt the committee from the electronic filing requirement for the calendar year. Such waiver form shall be submitted and received no later than the date the first report is due covering activity for that calendar year.

§ 24.2-952.7. Final report requirement; disbursement of surplus funds.

A. Any inaugural committee that, after having filed a statement of organization, disbands shall so notify the State Board. A final report shall be filed by the committee that sets forth (i) all receipts and disbursements not previously reported, (ii) an accounting of the retirement of all debts, and (iii) the disposition of the committee's surplus funds. This final report shall include a termination statement, signed by the treasurer or other principal officer listed on the statement of organization, that all reporting for the committee is complete and final.

B. It shall be unlawful for any person to disburse any funds or receipts of an inaugural committee which are in excess of the amount necessary to defray expenditures for inaugural activities other than by one or any combination of the following: (i) transferring the excess to a campaign committee for the inaugurated official for use in a subsequent election or to retire the deficit in a preceding election; (ii) returning the excess to a contributor in an amount not to exceed the contributor's original contribution; (iii) donating the excess to any organization described in § 170(c) of the Internal Revenue Code; (iv) contributing the excess to one or more candidates or to any political committee that has filed a statement of organization pursuant to this chapter; (v) contributing the excess to any political party committee; and (vi) defraying any ordinary, nonreimbursed expense of the inaugurated official related to his elective office.

Article 8.
Penalties.

§ 24.2-953. General provisions.

A. The procedures to enforce the provisions of this article are found in § 24.2-946.3.

B. Either the failure to file any statement or report or the late filing of any statement or report required by this chapter shall constitute a violation of this chapter subject to the penalties provided in this article.

C. Any person who violates, or aids, abets, or participates in the violation of, this chapter shall be subject to a civil penalty not to exceed $100, unless a greater penalty is imposed by this article.

D. In the case of a willful violation, the violator shall be guilty of a Class 1 misdemeanor. There shall be a rebuttable presumption that the violation of this chapter was willful if the violation is based on a person's failure to file a report required by this chapter and his failure to file continues for more than 60 days following his actual receipt of written notice of his failure to file sent to him by certified mail, return receipt requested, by the State Board or an electoral board. Such notice shall be sent to the most recent mailing address provided by the candidate or committee.

E. In the case of a failure to file a required statement or report by the specified deadline, the length of the delinquency shall be a factor in determining the amount of the civil penalty assessed.

F. The statute of limitations applicable to a violation of this chapter is stated in § 19.2-8. 

§ 24.2-953.1. Failure to file the required reports.

A. In the case of a failure to file the statement of organization for a candidate campaign committee or political committee required by this chapter, there shall be a civil penalty not to exceed $500.

B. In the case of the failure to file a required report, the candidate campaign committee or political committee shall be assessed a civil penalty not to exceed $500. In the case of a second or any subsequent such violation pertaining to one election cycle, the candidate campaign committee or political committee shall be assessed a civil penalty of $1,000 for each such failure to file.

C. In the case of a failure to file the report of any large pre-election contribution required by § 24.2-947.9 or a large contribution report required by § 24.2-948, there shall be a rebuttable presumption that the violation was willful.

§ 24.2-953.2. Late filing of required reports.

A. In the case of the late filing of the statement of organization required by this chapter for a candidate campaign committee or political committee, there shall be a civil penalty not to exceed $500.

B. In the case of a late filing of a required report, the candidate campaign committee or political committee shall be assessed a civil penalty not to exceed $500. In the case of a second or any subsequent such violation pertaining to one election cycle, the candidate campaign committee or political committee shall be assessed a civil penalty of $1,000 for each such late filing.

§ 24.2-953.3. Incomplete reports.

A.  In the case of a violation of this chapter that relates to the filing of an incomplete report, the violator shall be subject to a civil penalty not to exceed $500 unless a greater penalty is imposed pursuant to this section.  However the civil penalty shall in no case exceed $500 unless the total of the filer's reportable contributions or the total of the filer's reportable expenditures is $10,000 or more.

B.  Prior to assessing a penalty pursuant to this section for the filing of an incomplete report, the Secretary of the State Board or the general registrar or secretary of the local electoral board, as appropriate, shall notify, by certified mail, the candidate and treasurer, or person or political committee required to file a report with that board, that a filed report has not been completed, citing the omissions from the report. No penalty shall be assessed if the information required to complete the report is filed within 10 days of the date of mailing the written notice. 

C.  If the information required to complete the report is not filed within the 10-day period, the Secretary of the State Board or the general registrar or secretary of the local electoral board, as appropriate, shall then assess against the candidate and treasurer, who shall be jointly and severally liable, or person or political committee required to file a report, a civil penalty not to exceed $500. The Secretary of the State Board or the general registrar or secretary of the local electoral board, as appropriate, shall consider the following factors in determining the civil penalty assessed: the number of omissions, the amount of money involved, and the proportion of contributions or expenditures containing omissions.

D. The Secretary of the State Board or the general registrar or secretary of the local electoral board may grant an additional period for compliance, not to exceed two weeks, to permit the completion of a filed report for good cause shown and in response to a request filed within the 10-day period. However, no additional period shall be granted thereafter for compliance.

E.  The civil penalty assessed for filing an incomplete report shall be increased by $500 every 60 days following the date for compliance established pursuant to this section and until compliance is complete. If the failure to comply continues for more than 120 days following the date for compliances established pursuant to this section, there shall be a rebuttable presumption that the violation was willful, and the matter shall be forwarded to the appropriate attorney for the Commonwealth.

F.  The civil penalty assessed for filing any subsequent incomplete report (i) that is filed more than 20 days after notice has been given of a violation or (ii) that is filed during the 60 days prior to the elections for which the person is a candidate shall be $1,000.

G. The State Board shall notify the public through its official Internet website of a failure to file a complete report by a candidate for statewide office or the General Assembly and the identity of the violator following the date for compliance established pursuant to this section.

§ 24.2-953.4. Additional civil penalties for late and incomplete filings for statewide campaigns.

A. In addition to the penalties provided in §§ 24.2-953.1, 24.2-953.2 and 24.2-953.3, any candidate for statewide office, and his campaign treasurer, who fails to file any report required in Article 3 in a timely manner or files an incomplete report may be assessed a civil penalty by the Secretary of the State Board pursuant to this section.

B. Prior to assessing a penalty pursuant to this section, the Secretary shall notify, within 14 days of the deadline for the required report, the candidate and treasurer in writing that a report has not been filed or that a filed report has not been completed, citing the omissions from the report. No penalty shall be assessed pursuant to this section if the report or information required to complete the report is filed within seven days of the date of mailing the written notice.

C. If the report or information required to complete the report is not filed within the seven-day period, the Secretary shall assess against the candidate and treasurer, who shall be jointly and severally liable, a civil penalty of $500 for each day that the violation continues on and after the eighth day following the date of mailing the written notice. The Secretary may grant an additional period for compliance, not to exceed two weeks, for good cause shown and in response to a request filed within the seven-day period. However, no additional period shall be granted for compliance with the requirement under subdivision 8 of § 24.2-947.6 to file a report not later than the eighth day before the election. The State Board shall notify the public through its official Internet website of the violation and identity of the violator.

D. If requested by the Secretary, the attorney for the Commonwealth of the City of Richmond shall assist the Secretary in collecting the civil penalty.

E. Any candidate or treasurer aggrieved by the assessment pursuant to this section shall have a right to the direct review of the assessment by a court of competent jurisdiction as provided in the Administrative Process Act (§ 2.2-4000 et seq.). The provisions of the Act shall not apply, however, to the assessment of civil penalties by the Secretary pursuant to this section.

F. Civil penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund.

Chapter 9.4.
Campaign Fundraising; Legislative Sessions.

§ 24.2-954. Campaign fundraising; legislative sessions; penalties.

A. No member of the General Assembly or statewide official and no campaign committee of a member of the General Assembly or statewide official shall solicit or accept a contribution for the campaign committee of any member of the General Assembly or statewide official, or for any political committee, from any person or political committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session.

B. No person or political committee shall make or promise to make a contribution to a member of the General Assembly or statewide official or his campaign committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session.

C. The restrictions of this section shall not apply to a contribution (i) made by a member of the General Assembly or statewide official from his personal funds or (ii) made to the campaign committee of a candidate in a special election.

D. As used in this section:

"Adjournment sine die" means adjournment on the last legislative day of the regular session, and such session does not include the ensuing reconvened session;

"Campaign committee," "contribution," "person," and "political committee" shall be defined as provided in § 24.2-945.1 except that "contribution" shall not include money, services, or things of value in any way provided by a candidate to his own campaign and the payment by the candidate of any primary filing fee;

"Solicit" means request a contribution, orally or in writing, but shall not include a request for support of a candidate or his position on an issue; and

"Statewide official" means the Governor, Lieutenant Governor, and Attorney General.

E. Any person who violates, or aids, abets, or participates in the violation of, this section shall be subject to a civil penalty equal to the amount of the prohibited contribution or promised contribution or $500, whichever amount is greater. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalty provided herein. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund.

Chapter 9.5.
Political Campaign Advertisements.
Article 1.
General Provisions.

§ 24.2-955. Scope of disclosure requirements.

The disclosure requirements of this chapter apply to any sponsor of an advertisement in the print media or on radio or television the cost or value of which constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) except that the disclosure requirements of this chapter do not apply to (i) an individual who makes independent expenditures aggregating less than $1,000 in an election cycle for a candidate or (ii) an individual who incurs expenses only with respect to a referendum.

§ 24.2-955.1. Definitions.

As used in this chapter, unless the context requires a different meaning:

“Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). “Advertisement” shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.

“Authorized by…” means the same as “authorization” as defined in § 24.2-945.1.

“Campaign telephone calls” means a series of telephone calls, electronic or otherwise, made (i) to 25 or more telephone numbers in the Commonwealth, (ii) during the 180 days before a general or special election or during the 90 days before a primary or other political party nominating event, (iii) conveying or soliciting information relating to any candidate or political party participating in the election, primary or other nominating event, and (iv) under an agreement to compensate the telephone callers.

“Candidate” means “candidate” as defined in § 24.2-101.

“Candidate campaign committee” or “campaign committee” means “campaign committee” as defined in § 24.2-945.1.

“Coordinated” or “coordination” means an expenditure that is made (i) at the express request or suggestion of a candidate, a candidate’s campaign committee, or an agent of the candidate or his campaign committee or (ii) with material involvement of the candidate, a candidate’s campaign committee, or an agent of the candidate or his campaign committee in devising the strategy, content, means of dissemination, or timing of the expenditure.

“Conspicuous” means so written, displayed, or communicated that a reasonable person ought to have noticed it. 

“Full-screen” means the only picture appearing on the television screen during the oral disclosure statement that (i) contains the disclosing person, (ii) occupies all visible space on the television screen, and (iii) contains the image of the disclosing person that occupies at least 50% of the vertical height of the television screen.

“Independent expenditure” means “independent expenditure” as defined in § 24.2-945.1.

“Occurrence” means one broadcast of a radio or television political campaign advertisement.

“Political action committee” means “political action committee” as defined in § 24.2-945.1.

“Political committee” means “political committee” as defined in § 24.2-945.1.

“Political party” has the same meaning as “party” or “political party” as defined in § 24.2-101.

“Political party committee” means any state political party committee, congressional district political party committee, county or city political party committee, or organized political party group of elected officials. The term shall not include any other organization or auxiliary associated with or using the name of a political party.

“Print media” means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, website, electronic mail, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.   

“Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

“Scan line” means a standard term of measurement used in the electronic media industry calculating a certain area in a television advertisement.

“Sponsor” means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement.

“Television” means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

“Unobscured” means that the only printed material that may appear on the television screen is a visual disclosure statement required by law, and that nothing is blocking the view of the disclosing person’s face.

§ 24.2-955.2. Publications not to receive compensation for advocating candidacy; penalties.

A. It shall be unlawful for any owner, proprietor, editor, manager, officer, clerk, agent, reporter, or employee of any newspaper, magazine, or periodical printed or published in this Commonwealth to accept or receive or agree to accept or receive, for himself or another, any money or other valuable consideration for such newspaper, magazine, or other periodical supporting or advocating the election or defeat of any candidate. But nothing in this section shall prevent any person, firm, or corporation engaged in the publication of any newspaper, magazine or periodical from receiving from any person compensation for printing and publishing any matter, article or articles advocating the election or defeat of any candidate, if a statement, "Paid Advertisement," appears in plain type in boldface Roman capitals in a conspicuous place at the beginning of the matter or article and the matter or article otherwise complies with the provisions of this chapter.

B. The person accepting a "Paid Advertisement" for the newspaper, magazine or periodical shall require, and for one year shall retain a copy of, proof of the identity of the person who submits the advertisement for publication when the authorization statement on the advertisement is made pursuant to this chapter by an individual or entity other than a candidate, candidate campaign committee, political party committee, or political action committee. Proof of identity shall be submitted either (i) in person and include a valid Virginia driver's license, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States, or (ii) other than in person, in which case, the person submitting the advertisement shall provide a telephone number and the person accepting the advertisement may phone the person to verify the validity of the person's identifying information before publishing the advertisement.

C. Any such owner, proprietor, editor, manager, officer, clerk, agent, reporter, or employee violating the provisions of subsection A or B shall be subject to a civil penalty not to exceed $50; and, in the case of a willful violation, he shall be guilty of a Class 1 misdemeanor. The procedure to enforce the civil penalty provided in this section shall be as stated in article 8 of chapter 9.3.

§ 24.2-955.3. Penalties for violations of this chapter.

A. Any sponsor violating Article 2 (§ 24.2-956) of this chapter shall be subject to (i) a civil penalty not to exceed $1,000; or (ii) in the case of a violation occurring within the 14 days prior to or on the election day of the election to which the advertisement pertains, a civil penalty not to exceed $2,500. In the case of a willful violation, he shall be guilty of a Class 1 misdemeanor.

B. Any sponsor violating Article 3 (§ 24.2-957 et seq.) or 4 (§ 24.2-958 et seq.) of this chapter shall be subject to a civil penalty not to exceed $1,000 per occurrence; or (ii) in the case of a violation occurring within the 14 days prior to or on the election day of the election to which the advertisement pertains, a civil penalty not to exceed $2,500 per occurrence. In the case of a willful violation, he shall be guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular campaign advertisement exceed $10,000.

C. Any person violating Article 5 of this chapter shall be subject to a civil penalty not to exceed $2,500; and in the case of a willful violation, he shall be guilty of a Class 1 misdemeanor. A violation of the provisions of Article 5 of this chapter shall not void any election.

D. It shall not be deemed a violation of this chapter if the contents of the disclosure legend or statement convey the required information.

E. Any civil penalties collected pursuant to an action under this section shall be payable to the State Treasurer for deposit to the general fund. The procedure to enforce the civil penalties provided in this section shall be as stated in § 24.2-946.3.

Article 2.
Print Media Advertisement Requirements.

§ 24.2-956. Requirements for print media advertisements sponsored by a candidate campaign committee.

It shall be unlawful for any candidate or candidate campaign committee to sponsor a print media advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless all of the following conditions are met:

1. It bears the legend or includes the statement:  “Paid for by …………….[Name of candidate or campaign committee].”  Alternatively, if the advertisement is supporting a candidate who is the sponsor and the advertisement makes no reference to any other clearly identified candidate, then the statement “Paid for by ……[Name of sponsor]” may be replaced by the statement “Authorized by ………..[Name of sponsor].” 

2. In an advertisement sponsored by a candidate or a candidate campaign committee that makes reference to any other clearly identified candidate who is not sponsoring the advertisement, the sponsor shall state whether it is authorized by the candidate not sponsoring the advertisement.  The visual legend in the advertisement shall state either “Authorized by [Name of candidate], candidate for [Name of office]” or “Not authorized by any other candidate.” This subdivision does not apply if the sponsor of the advertisement is the candidate the advertisement supports or that candidate’s campaign committee.

3. If an advertisement is jointly sponsored, the disclosure statement shall name all the sponsors. 

4. Any disclosure statement required by this section shall be displayed in a conspicuous manner. 

§ 24.2-956.1. Requirements for print media advertisements sponsored by a person or political committee, other than a candidate campaign committee.

It shall be unlawful for any person or political committee to sponsor a print media advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met: 

1. It bears the legend or includes the statement:  “Paid for by …………….[Name of person or political committee].”

2. In an advertisement supporting or opposing the nomination or election of one or more clearly identified candidates, the sponsor states whether it is authorized by a candidate.  The visual legend in the advertisement shall state either “Authorized by [Name of candidate], candidate for [Name of office]” or “Not authorized by a candidate.”

3. In an advertisement that identifies a candidate the sponsor is opposing, the sponsor must disclose in the advertisement the name of the candidate who is intended to benefit from the advertisement, if the sponsor coordinates with, or has the authorization of, the benefited candidate. 

4. If an advertisement is jointly sponsored, the disclosure statement shall name all the sponsors. 

5. Any disclosure statement required by this section shall be displayed in a conspicuous manner. 

Article 3.
Television Advertisement Requirements.

§ 24.2-957. General provisions.

A. Television outlets shall not be liable under this article for carriage of political advertisements that fail to include the disclosure requirements provided for in this article. This provision supersedes any contrary provisions of the Code of Virginia.

B. If the sponsor does not have the option of controlling the audio, if any, heard during the television advertisement, the disclosure requirements shall be the same as for print media. 

C. The person accepting an advertisement for a television outlet shall require, and for one year shall retain a copy of, proof of identity of the person who submits the advertisement for broadcast. Proof of identity shall be submitted either (i) in person and include a valid Virginia driver’s license, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States, or (ii) other than in person, in which case, the person submitting the advertisement shall provide a telephone number and the person accepting the advertisement may phone the person to verify the validity of the person’s identifying information before broadcasting the advertisement.

D. Any disclosure statement required by this article shall be displayed in a conspicuous manner. 

§ 24.2-957.1. Requirements for television advertisements sponsored by a candidate or candidate campaign committee.

It shall be unlawful for any candidate or a candidate campaign committee to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met: 

1. It bears the legend or includes the statement:  “Paid for by …………….[Name of candidate or campaign committee].” Alternatively, if the advertisement is supporting that candidate and the advertisement makes no reference to any other clearly identified candidate, then the statement “Paid for by ……[Name of sponsor]” may be replaced by the statement “Authorized by ………..[Name of sponsor].” 

The disclosure shall be made by visual legend, which shall constitute 20 scan lines in size.  The content of these visual legends is specified by the Communications Act of 1934, 47 U.S.C. §§ 315 and 317 and this section.

2. If the advertisement sponsored by the candidate or the candidate campaign committee makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:  “I am ……… (or “This is …..) [Name of candidate], candidate for [Name of] office, and I (or ’my campaign’) sponsored this ad.” 

The candidate or the candidate campaign committee may provide the oral disclosure statement required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C. §§ 315 and 317, is shown. 

3. The advertisement shall include throughout the disclosure statement an unobscured, full-screen picture containing the candidate, either in photographic form or through the actual appearance of the candidate on camera. 

4. The candidate or the campaign committee may place the disclosure statement required by this section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement shall be made both at the beginning and end of the advertisement. 

5. In its oral disclosure statement, the sponsor may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates. 

6. If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors and the candidate shall be the disclosing individual.  If more than one candidate is the sponsor, at least one of the candidates shall be the disclosing individual. 

§ 24.2-957.2. Requirements for television advertisements sponsored by a political committee.

It shall be unlawful for a political committee to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met: 

1. It bears the legend or includes the statement:  “Paid for by …………….[Name of political committee].” 

2. A television advertisement supporting or opposing the nomination or election of one or more clearly identified candidates (i) shall include a disclosure statement, spoken by the chief executive officer or treasurer of the political committee, containing at least the following words:  “The [Name of political committee] sponsored this ad.” 

3. If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors and the disclosing individual shall be one of those sponsors. 

4. The disclosure shall be made by visual legend, which shall constitute 20 scan lines in size. 

5. The content of these visual legends is specified by the Communications Act of 1934, 47 U.S.C. §§ 315 and 317 and this section.

6. The political committee may provide the oral disclosure statement required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C. §§ 315 and 317, is shown. 

7. The advertisement shall include throughout the disclosure statement an unobscured, full-screen picture containing the disclosing individual, either in photographic form or through the actual appearance of the disclosing individual on camera.

8. A political committee may place the disclosure statement required by this section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement shall be made both at the beginning and end of the advertisement. 

9. In its oral disclosure statement, a political committee may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates.

10. If the advertisement is jointly sponsored, the disclosure statement shall name all of the sponsors and the disclosing individual shall be one of those sponsors.  This provision supersedes any contrary provisions of the Code of Virginia. 

§ 24.2-957.3. Requirements for television advertisements sponsored by a person that is not a candidate campaign committee or political committee.

A. It shall be unlawful for a person to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met:

1. If the sponsor is an individual, a disclosure statement spoken by the individual containing at least the following words: “I am [individual’s name], and I sponsored this ad.”

2. If the sponsor is a corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity, a disclosure statement spoken by the chief executive officer containing at least the following words: “[Name of sponsor] paid for (or ‘sponsored’ or ‘furnished’) this ad.”

B. In its oral disclosure statement, a person may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates. 

C. If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors. 

Article 4.
Radio Advertisement Requirements.

§ 24.2-958. General provisions.

A. Radio outlets shall not be liable under this article for carriage of political advertisements that fail to include the disclosure requirements provided for in this article.  This provision supersedes any contrary provisions of the Code of Virginia. 

B. The person accepting an advertisement for a radio outlet shall require, and for one year shall retain a copy of, proof of identity of the person who submits the advertisement for broadcast.  Proof of identity shall be submitted either (i) in person and include a valid Virginia driver’s license, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States, or (ii) other than in person, in which case, the person submitting the advertisement shall provide a telephone number and the person accepting the advertisement may phone the person to verify the validity of the person’s identifying information before broadcasting the advertisement.

C. Any disclosure statement required by this section shall be communicated in a conspicuous manner. 

§ 24.2-958.1. Requirements for radio advertisements sponsored by a candidate or candidate campaign committee.

It shall be unlawful for a candidate or a candidate campaign committee to sponsor a radio advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless all of the following requirements are met: 

1. The advertisement shall include the statement “Paid for by……. [Name of candidate or  candidate campaign committee].”  Alternatively, if the advertisement makes no reference to any clearly identified candidate other than the candidate who is sponsoring the advertisement or whose campaign committee is sponsoring the advertisement, then the statement “Paid for by ……. [Name of candidate or candidate campaign committee]” may be replaced by the statement “Authorized by ………. [Name of candidate or candidate campaign committee].” 

2. If the advertisement supports or opposes the election or nomination of a clearly identified candidate other than the sponsoring candidate or supports or opposes the election or nomination of the sponsoring candidate and makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:  “I am (or “This is ……..”) [Name of candidate], candidate for [Name of office], and this ad was paid for by (or ‘sponsored by’ or ‘furnished by’) [Name of candidate or candidate campaign committee].” 

3. The disclosure statement shall last at least two seconds and the statement shall be spoken so that its contents may be easily understood.  The placement of the oral disclosure statement shall also comply with the requirements of the Communications Act of 1934, 47 U.S.C. §§ 315 and 317.

4. In its oral disclosure statement, the candidate or the candidate campaign committee may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates. 

5. If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors and the candidate shall be the disclosing individual.  If more than one candidate is the sponsor, at least one of the candidates shall be the disclosing individual. 

§ 24.2-958.2. Requirements for radio advertisements sponsored by a political committee.

It shall be unlawful for a political committee to sponsor an advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are satisfied: 

1. A radio advertisement supporting or opposing the nomination or election of one or more clearly identified candidates (i) shall include a disclosure statement, spoken by the chief executive officer or treasurer of the committee, containing at least the following words:  “This ad was paid for (or ‘sponsored by’ or ‘furnished by’) [Name of political action committee].”  (ii) The disclosure statement shall last at least two seconds and the statement shall be spoken so that its contents may be easily understood.  (iii) The placement of the oral disclosure statement shall also comply with the requirements of the Communications Act of 1934, 47 U.S.C. §§ 315 and 317.

2. In its oral disclosure statement, a political committee may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates. 

3. If the advertisement is jointly sponsored, the disclosure statement shall name all of the sponsors and the disclosing individual shall be one of those sponsors. 

§ 24.2-958.3. Requirements for radio advertisements sponsored by a person that is not a candidate or political committee.

A. It shall be unlawful for a person to sponsor an advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met: 

1. Radio advertisements purchased by an individual supporting or opposing the nomination or election of one or more clearly identified candidates shall include a disclosure statement spoken by the individual containing at least the following words: “I am [individual's name], and I sponsored this ad.”

2. Radio advertisements purchased by a corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity supporting or opposing the nomination or election of one or more clearly identified candidates shall include a disclosure statement spoken by the chief executive of the sponsor containing at least the following words: “[Name of sponsor] paid for (or ‘sponsored’ or ‘furnished’) this ad.”

B. In its oral disclosure statement, a person may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates. 

C.  If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors. 

Article 5.
Campaign Telephone Call Requirements.

§ 24.2-959. Requirements for campaign telephone calls sponsored by a candidate or candidate campaign committee.

It shall be unlawful for any candidate or candidate campaign committee to make campaign telephone calls without disclosing, before the conclusion of each telephone call, information to identify the candidate or candidate campaign committee who has authorized and is paying for the calls unless such call is terminated prematurely by means beyond the maker’s control. 

The person making the telephone call shall disclose the name of the candidate. 

It shall also be unlawful (i) for any candidate or candidate campaign committee who contracts for campaign telephone calls to fail to provide to the persons making the telephone calls the identifying information required by this section or (ii) for any person to provide a false or fictitious name or address when providing the identifying information required. 

§ 24.2-959.1. Requirements for campaign telephone calls sponsored by a political committee or person other than a candidate or candidate campaign committee.

It shall be unlawful for any person or political committee to make campaign telephone calls without disclosing, before the conclusion of each telephone call, information to identify the person or political committee who has authorized and is paying for the calls unless such call is terminated prematurely by means beyond the maker’s control. 

The person making the telephone call shall disclose the following identifying information: the name of the political committee if the calls are authorized by that committee or an agent of that committee; and in the case of a committee that has filed a statement of organization under Chapter 9.3 (§ 24.2-945 et seq.), the full name of the committee and a registration number provided by the State Board; or in any other case, the full name and residence address of the individual responsible for the campaign telephone calls.

It shall also be unlawful (i) for any person who contracts for campaign telephone calls to fail to provide to the persons making the telephone calls the identifying information required by this section or (ii) for any person to provide a false or fictitious name or address when providing the identifying information required. 

§ 30-103. Prohibited conduct.

No legislator shall:

1. Solicit or accept money or other thing of value for services performed within the scope of his official duties, except the compensation, expenses or other remuneration paid to him by the General Assembly. This prohibition shall not apply to the acceptance of special benefits which may be authorized by law;

2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person with any governmental or advisory agency;

3. Offer or accept any money or other thing of value for or in consideration of the use of his public position to obtain a contract for any person or business with any governmental or advisory agency;

4. Use for his own economic benefit or that of another party confidential information which he has acquired by reason of his public position and which is not available to the public;

5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9 (§ 24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;

6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;

7. During the one year after the termination of his service as a legislator, represent a client or act in a representative capacity on behalf of any person or group, for compensation, on any matter before the General Assembly or any agency of the legislative branch of government. The prohibitions of this subdivision shall apply only to persons engaged in activities that would require registration as a lobbyist under § 2.2-422. Any person subject to the provisions of this subdivision may apply to the Attorney General, as provided in § 30-122, for an advisory opinion as to the application of the restriction imposed by this subdivision on any post-public employment position or opportunity;

8. Accept any honoraria for any appearance, speech, or article in which the legislator provides expertise or opinions related to the performance of his official duties. The term "honoraria" shall not include any payment for or reimbursement to such person for his actual travel, lodging, or subsistence expenses incurred in connection with such appearance, speech, or article or in the alternative a payment of money or anything of value not in excess of the per diem deduction allowable under § 162 of the Internal Revenue Code, as amended from time to time;

9. Accept appointment to serve on a body or board of any corporation, company or other legal entity, vested with the management of the corporation, company or entity, and on which two other members of the General Assembly already serve, which is operated for profit and regulated by the State Corporation Commission as (i) a financial institution, (ii) a mortgage lender or broker, (iii) any business under Chapter 5 (§ 13.1-501 et seq.) of Title 13.1, (iv) any business under Title 38.2, or (v) any business under Title 56;

10. Accept a gift from a person who has interests that may be substantially affected by the performance of the legislator's official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the legislator's impartiality in the matter affecting the donor. Violations of this subdivision shall not be subject to criminal law penalties; or

11. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Violations of this subdivision shall not be subject to criminal law penalties.

§ 30-111. Disclosure form.

A. The disclosure form to be used for filings required by subsections A and B of § 30-110 shall be substantially as follows:

 
STATEMENT OF ECONOMIC INTERESTS.

 

 Name ......................................................................
  Office or position held or sought ..........................................
  Home address ...............................................................
  Names of members of immediate family .......................................
 
 
DEFINITIONS AND EXPLANATORY MATERIAL.
 

"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the legislator, who is a dependent of the legislator or of whom the legislator is a dependent.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the legislator, or provides to the legislator, more than one-half of his financial support.

"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.

"Close financial association" does not mean an association based on the receipt of retirement benefits or deferred compensation from a business by which the legislator is no longer employed. "Close financial association" does not include an association based on the receipt of compensation for work performed by the legislator as an independent contractor of a business that represents an entity before any state governmental agency when the legislator has had no communications with the state governmental agency.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. "Relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse.

"Lobbyist relationship" means (i) an engagement, agreement, or representation that relates to legal services, consulting services, or public relations services, whether gratuitous or for compensation, between a member or member-elect and any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth, or (ii) a greater than three percent ownership interest by a member or member- elect in a business that employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth. The disclosure of a lobbyist relationship shall not (i) constitute a waiver of any attorney-client or other privilege, (ii) require a waiver of any attorney-client or other privilege for a third party, or (iii) be required where a member or member-elect is employed or engaged by a person and such person also employs or engages a person in a lobbyist relationship so long as the member or member-elect has no financial interest in the lobbyist relationship.

TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.

REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information and belief of the individual filing the Statement as of the date of this report unless otherwise stated.

COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED.

You may attach additional explanatory information.

1.  Offices and Directorships. 
    Are you or a member of your immediate family a paid officer or paid
    director of a business?
    EITHER check NO / / OR check YES / / and complete Schedule A. 
2.  Personal Liabilities. 
    Do you or a member of your immediate family owe more than $10,000 to any
    one creditor including contingent liabilities? (Exclude debts to any
    government and loans secured by recorded liens on property at least
    equal in value to the loan.)
    EITHER check NO / / OR check YES / / and complete Schedule B. 
3.  Securities. 
    Do you or a member of your immediate family, directly or indirectly,
    separately or together, own securities valued in excess of $10,000
    invested in one business? Account for mutual funds, limited partnerships
    and trusts.
    EITHER check NO / / OR check YES / / and complete Schedule C. 
4.  Payments for Talks, Meetings, and Publications. 
    During the past 12 months did you receive lodging, transportation,
    money, or anything else of value with a combined value exceeding $200
    for a single talk, meeting, or published work in your capacity as a
    legislator?
    EITHER check NO / / OR check YES / / and complete Schedule D. 
5.  Gifts. 
    During the past 12 months did a business, government, or individual
    other than a relative or personal friend (i) furnish you with any gift
    or entertainment at a single event, and the value received by you
    exceeded $50 in value or (ii) furnish you with gifts or entertainment in
    any combination and the value received by you exceeded $100 in total
    value; and for which you neither paid nor rendered services in exchange?
    Account for entertainment events only if the average value per person
    attending the event exceeded $50 in value. Account for all business
    entertainment (except if related to your private profession or
    occupation) even if unrelated to your official duties.
    EITHER check NO / / OR check YES / / and complete Schedule E. 
6.  Salary and Wages. 
    List each employer that pays you or a member of your immediate family
    salary or wages in excess of $10,000 annually. (Exclude state or local
    government or advisory agencies.)
    If no reportable salary or wages, check here / /. 
    ........................................................................
    .........................................................................
    .........................................................................
7.  Business Interests and Lobbyist Relationships. 
7A. Do you or a member of your immediate family, separately or together,
    operate your own business, or own or control an interest in excess of
    $10,000 in a business?
    EITHER check NO / / OR check YES / / and complete Schedule F-1. 
7B. Do you have a lobbyist relationship as that term is defined above? 
    EITHER check NO / / OR check YES / / and complete Schedule F-2. 
8.  Payments for Representation and Other Services.
 8A. Did you represent any businesses before any state governmental
    agencies, excluding courts or judges, for which you received total
    compensation during the past 12 months in excess of $1,000, excluding
    compensation for other services to such businesses and representation
    consisting solely of the filing of mandatory papers and subsequent
    representation regarding the mandatory papers?
    EITHER check NO /  / OR check YES /  / and complete Schedule G-1.
 8B. Subject to the same exceptions as in 8A, did persons with whom you
    have a close financial association (partners, associates or others)
    represent any businesses before any state governmental agency for
    which total compensation was received during the past 12 months in
    excess of $1,000?
    EITHER check NO /  / OR check YES /  / and complete Schedule G-2.
 8C. Did you or persons with whom you have a close financial association
    furnish services to businesses operating in Virginia for which total
    compensation in excess of $1,000 was received during the past 12 months?
    EITHER check NO / / OR check YES / / and complete Schedule G-3. 
9.  Real Estate. 
    Do you or a member of your immediate family hold an interest, including
    a partnership interest, valued at $10,000 or more in real property (other
    than your principal residence) for which you have not already listed the
    full address on Schedule F? Account for real estate held in trust.
    EITHER check NO / / OR check YES / / and complete Schedule H. 
10. Real Estate Contracts with State Governmental Agencies. 
    Do you or a member of your immediate family hold an interest valued at
    more than $10,000 in real estate, including a corporate, partnership, or
    trust interest, option, easement, or land contract, which real estate is
    the subject of a contract, whether pending or completed within the past
    12 months, with a state governmental agency? If the real estate contract
    provides for the leasing of the property to a state governmental agency,
    do you or a member of your immediate family hold an interest in the real
    estate, including a corporate, partnership, or trust interest, option,
    easement, or land contract valued at more than $1,000? Account for all
    such contracts whether or not your interest is reported in Schedule F or
    H. This requirement to disclose an interest in a lease does not apply to
    an interest derived through an ownership interest in a business unless
    the ownership interest exceeds three percent of the total equity of the
    business.
    EITHER check NO / / OR check YES / / and complete Schedule I. 
 
Statements of Economic Interests are open for public inspection. 

 

AFFIRMATION.

 

 In accordance with the rules of the house in which I serve, if I receive a
   request that this disclosure statement be corrected, augmented, or revised
   in any respect, I hereby pledge that I shall respond promptly to the
   request. I understand that if a determination is made that the statement is
   insufficient, I will satisfy such request or be subjected to disciplinary
   action of my house.
    I swear or affirm that the foregoing information is full, true and correct
   to the best of my knowledge.
    Signature ________________________________
    Commonwealth of Virginia
    ________ of ________ to wit:
    The foregoing disclosure form was acknowledged before me
    This ________ day of ____________ , 20____ , by ______________
    Notary Public
    My commission expires ________________________
    (Return only if needed to complete Statement.)

 

SCHEDULES

to

STATEMENT OF ECONOMIC INTERESTS.

 

                                     NAME ..................................
   
   SCHEDULE A - OFFICES AND DIRECTORSHIPS.
 
    Identify each business of which you or a member of your immediate family
      is a paid officer or paid director.

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
    Name of Business        Address of Business       Position Held
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------

                                                               RETURN TO ITEM 2
SCHEDULE B - PERSONAL LIABILITIES. 
 
Report personal liability by checking each category. Report only debts in
   excess of $10,000. Do not report debts to any government. Do not report
   loans secured by recorded liens on property at least equal in value to the
   loan.
   Report contingent liabilities below and indicate which debts are contingent.
1. My personal debts are as follows: 

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
           Check                                                Check one
        appropriate                                      $10,001 to   More than
         categories                                      $50,000      $50,000
    Banks                                                -------      ---------
    Savings institutions                                 -------      ---------
    Other loan or finance companies                      -------      ---------
    Insurance companies                                  -------      ---------
    Stock, commodity or other brokerage
        companies                                        -------      ---------
    Other businesses:
    (State principal business activity for each
        creditor.)                                       -------      ---------
    ____________________________________________         -------      ---------
    ____________________________________________         -------      ---------
    Individual creditors:
    (State principal business or
        occupation of each creditor.)                    -------      ---------
    ____________________________________________         -------      ---------
    ____________________________________________         -------      ---------
2. The personal debts of the members of my immediate family are as follows: 
 
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
           Check                                                Check one
        appropriate                                      $10,001 to   More than
         categories                                      $50,000      $50,000
    Banks
    Savings institutions                                 -------      ---------
    Other loan or finance companies                      -------      ---------
    Insurance companies                                  -------      ---------
    Stock, commodity or other brokerage
        companies                                        -------      ---------
    Other businesses:
    (State principal business activity
        for each creditor.)                              -------      ---------
    ____________________________________________         -------      ---------
    ____________________________________________         -------      ---------
    Individual creditors:
    (State principal business or
        occupation of each creditor.)                    -------      ---------
    ____________________________________________         -------      ---------
    ____________________________________________         -------      ---------

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
   
                                                               RETURN TO ITEM 3
    SCHEDULE C - SECURITIES.
 
 "Securities" INCLUDES stocks, bonds,         "Securities" EXCLUDES
    mutual funds, limited partnerships,            certificates of deposit,
    and commodity futures contracts.               money market funds, annuity
                                                   contracts, and insurance
                                                   policies.
 
  Identify each business or Virginia governmental entity in which you or a
    member of your immediate family, directly or indirectly, separately or
    together, own securities valued in excess of $10,000.
   
       Do not list U.S. Bonds or other government securities not issued by the
       Commonwealth of Virginia or its authorities, agencies, or local
       governments. Do not list organizations that do not do business in this
       Commonwealth, but most major businesses conduct business in Virginia.
       Account for securities held in trust.
    If no reportable securities, check here /  /.

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
                                                                 Check  one
                                   Type of Security                     More
                      Type of   (stocks, bonds, mutual     $10,001 to   than
    Name of Issuer    Entity         funds, etc.)          $50,000      $50,000
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
    --------------    -------  ------------------------    ----------   -------
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
   
                                                               RETURN TO ITEM 4
SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS. 
 
    List each source from which you received during the past 12 months
      lodging, transportation, money, or any other thing of value (excluding
      meals or drinks coincident with a meeting) with combined value exceeding
      $200 for your presentation of a single talk, participation in one
      meeting, or publication of a work in your capacity as a legislator. List
      payments or reimbursements by a the Commonwealth only for meetings or
      travel outside the Commonwealth. List a payment even if you donated it to
      charity. Do not list information about a payment if you returned it
      within 60 days or if you received it from an employer already listed
      under Item 6 or from a source of income listed on Schedule F.
 
    If no payment must be listed, check here / /. 

   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------
                                                              Type of payment
                                                              (e.g. honoraria,
                                                              travel reimburse-
    Payer         Approximate Value        Circumstances      ment, etc.)
    ----------    ---------------------    --------------     ----------------
    ----------    ---------------------    --------------     ----------------
    ----------    ---------------------    --------------     ----------------
    ----------    ---------------------    --------------     ----------------
   ---------------------------------------------------------------------------
   ---------------------------------------------------------------------------

                                                               RETURN TO ITEM 5
 
SCHEDULE E - GIFTS. 
    List each business, governmental entity, or individual that, during the
      past 12 months, (i) furnished you with any gift or entertainment at a
      single event and the value received by you exceeded $50 in value, or (ii)
      furnished you with gifts or entertainment in any combination and the
      value received by you exceeded $100 in total value; and for which you
      neither paid nor rendered services in exchange. List each such gift or
      event. Do not list entertainment events unless the average value per
      person attending the event exceeded $50 in value. Do not list business
      entertainment related to your private profession or occupation. Do not
      list gifts or other things of value given by a relative or personal
      friend for reasons clearly unrelated to your public position. Do not list
      campaign contributions publicly reported as required by Chapter 9
      (§ 24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2 of
      the Code of Virginia.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   
    Name of Business,
    Organization, or        City or        Gift or
    Individual              County         Event
                            and State                     Approximate Value
    ------------------      ---------      ---------      ------------------
    ------------------      ---------      ---------      ------------------
    ------------------      ---------      ---------      ------------------
    ------------------      ---------      ---------      ------------------

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
                                                               RETURN TO ITEM 6
SCHEDULE F-1 - BUSINESS INTERESTS. 
   Complete this Schedule for each self-owned or family-owned business
     (including rental property, a farm, or consulting work), partnership, or
     corporation in which you or a member of your immediate family, separately
     or together, own an interest having a value in excess of $10,000.
   If the enterprise is owned or operated under a trade, partnership, or
     corporate name, list that name; otherwise, merely explain the nature of
     the enterprise. If rental property is owned or operated under a trade,
     partnership, or corporate name, list the name only; otherwise, give the
     address of each property. Account for business interests held in trust.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
    Name of Business,                                          Gross income
    Corporation
    Partnership,                      Nature of Enterprise
    Farm; Address of  City or County  (farming, law, rental  $50,000  More than
    Rental Property   and State       property, etc.)        or less  $50,000
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
    ----------------- --------------  --------------------   -------  ---------
   
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
                                                               RETURN TO ITEM 8
SCHEDULE F-2 - LOBBYIST RELATIONSHIPS. 
   Complete this Schedule for each lobbyist relationship with the following:
   (i) any person who is, or has been within the prior calendar year,
     registered as a lobbyist with the Secretary of the Commonwealth, or
   (ii) any business in which you have a greater than three percent
     ownership interest and that business employs, or engages as an
     independent contractor, any person who is, or has been within the prior
     calendar year, registered as a lobbyist with the Secretary of the
     Commonwealth.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
    List each person        Describe each             Dates of
    or business             relationship              relationship
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
    -----------------       ------------------        ------------------
   
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   
   

THE DISCLOSURE OF A LOBBYIST RELATIONSHIP SHALL NOT (I) CONSTITUTE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE, (II) REQUIRE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE FOR A THIRD PARTY, OR (III) BE REQUIRED WHERE A MEMBER OR MEMBER-ELECT IS EMPLOYED OR ENGAGED BY A PERSON AND SUCH PERSON ALSO EMPLOYS OR ENGAGES A PERSON IN A LOBBYIST RELATIONSHIP SO LONG AS THE MEMBER OR MEMBER-ELECT HAS NO FINANCIAL INTEREST IN THE LOBBYIST RELATIONSHIP.

 
SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU. 
   List the businesses you represented before any state governmental agency,
     excluding any court or judge, for which you received total compensation
     during the past 12 months in excess of $1,000, excluding compensation for
     other services to such businesses and representation consisting solely of
     the filing of mandatory papers and subsequent representation regarding
     the mandatory papers filed by you.
   Identify each business, the nature of the representation and the amount
     received by dollar category from each such business. You may state the
     type, rather than name, of the business if you are required by law not to
     reveal the name of the business represented by you.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
                                                          Amount Received
   
    Name  Type  Pur-   Name  $1,001    $10,001   $50,001    $100,001   $250,001
    of    of    pose   of    to        to        to         to         and over
    Busi- Busi- of     Agen- $10,000   $50,000   $100,000   $250,000
    ness  ness  Repre- cy
                senta-
                tion
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   -----  ----  ------ ----- --------  --------  --------   --------   --------
   
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES.
   
      List the businesses that have been represented before any state
      governmental agency, excluding any court or judge, by persons who are
      your partners, associates or others with whom you have a close financial
      association and who received total compensation in excess of $1,000 for
      such representation during the past 12 months, excluding representation
      consisting solely of the filing of mandatory papers and subsequent
      representation regarding the mandatory papers filed by your partners,
      associates or others with whom you have a close financial association.

      Identify such businesses by type and also name the state governmental
      agencies before which such person appeared on behalf of such businesses.

    
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
    Type of Business        Name of State Governmental Agency
   
    -------------------     --------------------------------------
    --------------------    --------------------------------------
    --------------------    --------------------------------------
    --------------------    --------------------------------------
   
   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   
   SCHEDULE G-3 - PAYMENTS FOR REPRESENTATION AND OTHER SERVICES GENERALLY.
    Indicate below types of businesses that operate in Virginia to which
      services were furnished by you or persons with whom you have a close
      financial association and for which total compensation in excess of
      $1,000 was received during the past 12 months.

      Identify opposite each category of businesses listed below (i) the type
      of business, (ii) the type of service rendered and (iii) the value by
      dollar category of the compensation received for all businesses falling
      within each category.

   ----------------------------------------------------------------------------
   ----------------------------------------------------------------------------
   
   
                                                          Value of Compensation
                       Check   Type
                       if      of
                       ser-    ser-
                       vices   vice
                       were    ren-
                       ren-    dered
                       dered        $1,001  $10,001  $50,001  $100,001 $250,001
                                    to      to       to       to       and
                                    $10,000 $50,000  $100,000 $250,000 over
   Electric utilities  ------  ---- ------- --------- ------- -------- --------
   Gas utilities       ------  ---- ------- --------- ------- -------- --------
   Telephone utilities ------  ---- ------- --------- ------- -------- --------
   Water utilities     ------  ---- ------- --------- ------- -------- --------
   Cable television
     companies         ------  ---- ------- --------- ------- -------- --------
   Interstate
     transportation
     companies         ------  ---- ------- --------- ------- -------- --------
   Intrastate
     transportation
     companies         ------  ---- ------- --------- ------- -------- --------
   Oil or gas retail
     companies         ------  ---- ------- --------- ------- -------- --------
   Banks               ------  ---- ------- --------- ------- -------- --------
   Savings
     institutions      ------  ---- ------- --------- ------- -------- --------
   Loan or finance
     companies         ------  ---- ------- --------- ------- -------- --------
   Manufacturing
     companies
     (state type
     of product,
     e.g., textile,
     furniture, etc.)  ------  ---- ------- --------- ------- -------- --------
   Mining companies    ------  ---- ------- --------- ------- -------- --------
   Life insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Casualty insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Other insurance
     companies         ------  ---- ------- --------- ------- -------- --------
   Retail companies    ------  ---- ------- --------- ------- -------- --------
   Beer, wine or
     liquor companies
     or distributors   ------  ---- ------- --------- ------- -------- --------
   Trade associations  ------  ---- ------- --------- ------- -------- --------
   Professional
     associations      ------  ---- ------- --------- ------- -------- --------
   Associations of
     public employees
     or officials      ------  ---- ------- --------- ------- -------- --------
   Counties, cities
     or towns          ------  ---- ------- --------- ------- -------- --------
   Labor organizations ------  ---- ------- --------- ------- -------- --------
   Other               ------  ---- ------- --------- ------- -------- --------

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                                                               RETURN TO ITEM 9
SCHEDULE H - REAL ESTATE.
 
    List real estate other than your principal residence in which you or a
      member of your immediate family holds an interest, including a
      partnership interest, option, easement, or land contract, valued at
      $10,000 or more. You may list each parcel of real estate individually if
      you wish.

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   List the location          Describe the type of real   If the real estate is
   (state, and county         estate you own in each      owned or recorded in
   or city) where you         location (business, recre-  a name other than
   own real estate.           ational, apartment, com-    your own, list that
                              mercial, open land, etc.).  name.
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                                                              RETURN TO ITEM 10
SCHEDULE I - REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES. 
 
    List all contracts, whether pending or completed within the past 12
      months, with a state governmental agency for the sale or exchange of real
      estate in which you or a member of your immediate family holds an
      interest, including a corporate, partnership or trust interest, option,
      easement, or land contract, valued at $10,000 or more. List all
      contracts with a state governmental agency for the lease of real estate
      in which you or a member of your immediate family holds such an interest
      valued at $1,000 or more. This requirement to disclose an interest in a
      lease does not apply to an interest derived through an ownership
      interest in a business unless the ownership interest exceeds three
      percent of the total equity of the business.

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   List your real estate      List each governmental      State the annual
   interest and the           agency which is a           income from the
   person or entity,          party to the contract       contract, and the
   including the type         and indicate the            amount, if any, of
   of entity, which           county or city where        income you or any
   is party to                the real estate             immediate family
   the contract.              is located.                 member derives
   Describe any                                           annually from the
   management role and                                    contract.
   the percentage
   ownership
   interest you or your
   immediate family
   member has in the real
   estate or entity.
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B. Any legislator who makes a knowing misstatement of a material fact on the Statement of Economic Interests shall be subject to disciplinary action for such violations by the house in which the legislator sits.

C. In accordance with the rules of each house, the Statement of Economic Interests of all members of each house shall be reviewed. If a legislator's Statement is found to be inadequate as filed, the legislator shall be notified in writing and directed to file an amended Statement correcting the indicated deficiencies, and a time shall be set within which such amendment shall be filed. If the Statement of Economic Interests, in either its original or amended form, is found to be adequate as filed, the legislator's filing shall be deemed in full compliance with this section as to the information disclosed thereon.

D. Ten percent of the membership of a house, on the basis of newly discovered facts, may in writing request the house in which those members sit, in accordance with the rules of that house, to review the Statement of Economic Interests of another member of that house in order to determine the adequacy of his filing. In accordance with the rules of each house, each Statement of Economic Interests shall be promptly reviewed, the adequacy of the filing determined, and notice given in writing to the legislator whose Statement is in issue. Should it be determined that the Statement requires correction, augmentation or revision, the legislator involved shall be directed to make the changes required within such time as shall be set under the rules of each house.

If a legislator, after having been notified in writing in accordance with the rules of the house in which he sits that his Statement is inadequate as filed, fails to amend his Statement so as to come into compliance within the time limit set, he shall be subject to disciplinary action by the house in which he sits. No legislator shall vote on any question relating to his own Statement.

§ 30-127. Criminal prosecutions.

A. Violations of this chapter may be prosecuted notwithstanding the jurisdiction of, or any pending proceeding before, the House or Senate Ethics Advisory Panel.

B. Nothing in this chapter shall limit or affect the application of other criminal statutes and penalties as provided in the Code of Virginia, including but not limited to bribery, embezzlement, perjury, conspiracy, fraud, and violations of the Campaign Finance Disclosure Act24.2-900 et seq.) Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

2.  That § 24.2-503.1 of the Code of Virginia, Chapter 9 (§§ 24.2-900 through 24.2-930), Chapter 9.1 (§ 24.2-940), and Chapter 9.2 (§§ 24.2-941 through 24.2-944) of Title 24.2 of the Code of Virginia, and §§ 24.2-1013 and 24.2-1014.1 of the Code of Virginia are repealed.