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2024 SESSION
24100672DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 24.2 a chapter numbered 9.6, containing articles numbered 1 through 4, consisting of sections numbered 24.2-961 through 24.2-964.5, and by adding a section numbered 58.1-344.5 as follows:
§ 24.2-961. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Covered office" means the office of Governor, Lieutenant Governor, Attorney General, a member of the Virginia House of Delegates, or a member of the Senate of Virginia.
"Election cycle" means the period beginning January 1 immediately following the most recent general election for the covered office and ending on December 31 immediately following the general election for the covered office.
"Immediate family" means, with respect to a candidate, (i) the candidate's spouse; (ii) the child, stepchild, parent, grandparent, sibling, or half-sibling of the candidate or the candidate's spouse; or (iii) the spouse of any individual described in clause (ii).
"Matching payments" means payments provided to participating candidates for qualified small-dollar contributions as provided in § 24.2-962.1.
"Participating candidate" means a candidate for a covered office who is certified under § 24.2-963.2 as eligible to receive matching payments.
"Public Campaigns Fund" or "Fund" means the fund established by § 24.2-961.2 to distribute to participating candidates matching payments and any other payment provided pursuant to this chapter.
"Qualified small-dollar contribution" means a contribution that meets the requirements for a qualified small-dollar contribution in § 24.2-962.
"Qualifying period" means the period beginning on the first day of the election cycle for the covered office that a candidate is seeking and ending upon certification by the Department of Elections of the ballot for the associated election.
"Solicit or direct" means to ask, request, or recommend that another person make a contribution or donation, or to guide a person who has expressed an intent to make a contribution or donation, by identifying a candidate, political committee, or organization for the receipt of such funds or things of value.
"Surplus" means those funds where the total sum of contributions received and matching payments received by a participating candidate and his campaign committee exceeds the total campaign expenditures of such campaign committee for all elections for that covered office held in the same election cycle.
"Uncontested election" means an election for a covered office in which only one candidate has (i) raised or spent the amount of money specified in § 24.2-963.1 with regard to the respective covered office, (ii) filed a statement of qualification with the State Board of Elections in accordance with § 24.2-501, or (iii) qualified for the ballot.
§ 24.2-961.1. Establishment of the Public Campaigns Program.
A. There shall be established within the Department of Elections a Public Campaigns Program.
B. The Department shall administer all laws and regulations governing the Public Campaigns Program and shall establish procedures for the auditing and verifying of qualified small-dollar contributions to ensure that such contributions meet the requirements of the Public Campaigns Program.
C. The Department shall review and evaluate the effect of this chapter upon the conduct of election campaigns in the Commonwealth and shall submit a report to the Governor and the General Assembly containing the following:
1. The number and names of candidates who qualify for and choose to receive public funds pursuant to this chapter, and of candidates failing to qualify or otherwise not choosing to receive such funds, in each election during the four preceding calendar years;
2. The amount of funds provided to the campaign committee of each candidate pursuant to this chapter and the contributions received and expenditures made by each candidate's campaign committee in each election during the four preceding calendar years;
3. The number and names of nonparticipating candidates in each election during the four preceding calendar years, together with the expenditures made by each candidate and the authorized committees of the candidate in each election;
4. An analysis of the effect of this chapter on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates, and the candidates' ability to campaign effectively for public office;
5. A review of the procedures utilized in providing public funds to candidates; and
6. Any recommendations by the Department for changes to this chapter as the Department deems appropriate.
Such report shall be made within the two months following any primary or general election. The Governor or the General Assembly may request, and the Department shall submit, such report at any time. The Department may submit such report on its own initiative at any time it deems appropriate.
D. On the basis of the review and evaluation required by this section, the Department, with approval from the State Board, shall within three months of the submission of its report to the Governor and the General Assembly adjust (i) the number and dollar amount of qualifying small-dollar contributions a candidate must receive under § 24.2-963.1 to qualify as a participating candidate and (ii) the maximum amount of matching payments a candidate may receive under subsection B of § 24.2-962.1.
§ 24.2-961.2. Public Campaigns Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Public Campaigns Fund. The Fund shall be established on the books of the Comptroller. Any (i) unspent funds distributed to any participating candidate who does not remain a candidate until the election for which they were distributed, or any unspent distributed funds that remain unspent and unobligated by the participating candidate following the date of the election for which they were distributed; (ii) funds appropriated for such purpose; and (iii) gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of administering the provisions of this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner of Elections.
B. In time for inclusion in the Governor's annual budget, and at other times as the Department of Elections deems necessary, the Department of Elections shall submit to the Governor and the General Assembly its estimate of the amount of public funds that will be necessary to provide candidates with sufficient financing (i) for elections in the next year in which elections are scheduled, (ii) for elections to fill vacancies to be held prior to that year, and (iii) for a reserve for contingencies. The estimates shall be submitted in a manner and at such times as to ensure that appropriations may be allocated in full by the beginning of the fiscal year prior to the year in which elections are scheduled and to allow additional amounts to be appropriated if necessary.
§ 24.2-961.3. Rulemaking.
The State Board, pursuant to its authority under § 24.2-103, shall issue rules and regulations to implement the provisions of this chapter.
§ 24.2-962. Qualified small-dollar contributions requirements.
A. A qualified small-dollar contribution is an aggregate contribution of not less than $5 and not more than $250 (i) for a candidate for the office of Governor, Lieutenant Governor, or Attorney General who is a participating candidate and made by an individual who is a resident of the Commonwealth and (ii) for a candidate for election to the General Assembly who is a participating candidate and made by an individual who is a resident of the district from which such candidate is seeking nomination or election, that has been reported in full to the Department in accordance with the provisions of Chapter 9.3 (§ 24.2-945 et seq.) and this section by the candidate's campaign committee and has been contributed on or before the day of the applicable election. Any contribution or portion of a contribution determined by the Department to be invalid for matching payments under this chapter may not be treated as qualified small-dollar contributions for any purpose.
B. The following contributions are not qualified small-dollar contributions:
1. Loans.
2. In-kind contributions.
3. Anonymous contributions.
4. Contributions whose source is not reported as required by subsection C.
5. Contributions gathered during a previous election cycle.
6. Illegal contributions.
7. Contributions from minors.
8. Contributions from a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2 or a lobbyist's principal as defined in § 2.2-419.
9. Any portion of a contribution when the aggregate contributions are in excess of $250 from any one contributor to such participating candidate. However, solely for purposes of achieving the monetary thresholds in subsection A of § 24.2-963.1, the first $250 of any contribution of more than $250 to a candidate or a candidate's campaign committee that would otherwise be a qualified small-dollar contribution except that it exceeds the aggregate contribution limit shall count toward satisfying such monetary threshold but shall not otherwise be considered a qualifying small-dollar contribution.
C. Each qualified small-dollar contribution shall be acknowledged by a physical or digital receipt to the contributor, with a copy retained by the candidate. The receipt shall include:
1. The contributor's digital or physical signature, printed name, home address, telephone number, occupation, if any, and the name of the candidate on whose behalf the contribution is made; and
2. A written and signed oath declaring that the contributor (i) is making the contribution in his own name and from his own funds; (ii) has made the contribution willingly, without coercion; (iii) has not received anything of value in return for the contribution; and (iv) is a resident of the Commonwealth and, in the case of a contribution to a candidate for the Virginia House of Delegates or the Senate of Virginia, the district in which the candidate is seeking office.
§ 24.2-962.1. Matching payments for qualified small-dollar contributions.
A. Qualified small-dollar contributions shall be eligible for the following matching payments:
1. For a participating candidate for Governor, Lieutenant Governor, or Attorney General, $6 for each $1 in qualified-small dollar contributions received.
2. For a participating candidate for the General Assembly, (i) $12 for each of the first $50 of any qualifying small-dollar contribution, (ii) $9 for each of the next $100 of such qualifying small-dollar contribution, and (iii) $8 for each of the remaining $100 of such qualifying small-dollar contribution.
B. The maximum amount participating candidates may receive under this section shall be:
1. For the office of Governor, $3.5 million.
2. For the office of Lieutenant Governor or Attorney General, $2 million.
3. For an office in the Senate of Virginia, $375,000.
4. For an office in the Virginia House of Delegates, $175,000.
C. No participating candidate for nomination for the office in a primary that is an uncontested election shall be entitled to payment of matching payments, except that, where another party has a contested primary for the same covered office at the same time, the participating candidate may receive public funds before the primary election for expenses incurred on or before the date of such primary election, in an amount equal to up to half of the sum set in subsection B.
D. Payments under this section shall be made not later than four business days after the receipt of a report made under subsection E, or as soon thereafter as practicable. The State Board shall schedule a minimum of three payment dates within the 30-day period immediately preceding an election for a covered office.
E. Each participating candidate shall file reports of qualified small-dollar contributions at the times and in the manners as prescribed by the State Board.
F. A written explanation shall be provided with respect to any denial of any payment under this section and shall provide for the opportunity for review and reconsideration within five business days of the denial.
G. Funds shall be distributed to participating candidates under this section through the use of an electronic funds exchange or a debit card.
§ 24.2-963. Eligibility for certification.
A. A candidate is eligible to be certified as a participating candidate with respect to an election if the candidate meets the following requirements:
1. During the qualifying period, the candidate files with the Department of Elections a statement of intent to seek certification as a participating candidate;
2. The candidate meets the qualifying requirements of § 24.2-963.1; and
3. Not later than the last day of the qualifying period, the candidate files, with the Department, an affidavit signed by the candidate and the treasurer of the candidate's campaign committee declaring that the candidate (i) has complied with and, if certified, will continue to comply with the contribution limits and all other requirements of this chapter; (ii) if certified, will comply with the debate requirement of § 24.2-964.2; (iii) if certified, will run only as a participating candidate for all elections for the office that the candidate is seeking during the election cycle; and (iv) has either qualified or will take steps to qualify to be on the ballot.
B. Notwithstanding subsection A, a participating candidate shall not be eligible to receive any payment from the Public Campaigns Fund after the primary election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot.
§ 24.2-963.1. Public Campaigns Program qualifying requirements.
A. A candidate meets the requirements of this section if, during the qualifying period, the candidate obtains the following number of qualified small-dollar contributions from individuals who have a primary residence in the Commonwealth and are otherwise not prohibited from making a contribution under law:
1. For the office of Governor, qualified small-dollar contributions from at least 5,000 individuals, the total amount of which is at least $500,000;
2. For the office of Lieutenant Governor or Attorney General, qualified small-dollar contributions from at least 1,000 individuals, the total amount of which is at least $100,000;
3. For an office in the Senate of Virginia, qualified small-dollar contributions from at least 150 individuals, the total amount of which is at least $12,000; or
4. For an office in the Virginia House of Delegates, qualified small-dollar contributions from at least 75 individuals, the total amount of which is at least $6,000.
B. Notwithstanding the provisions of subdivisions A 3 and 4, in a Senate of Virginia or Virginia House of Delegates district where average median income (AMI) is below the AMI as determined by the United States Census Bureau three years before such election for which matching payments are sought, the minimum dollar threshold for qualifying under subdivisions A 3 and 4 shall be reduced by one-third. The Department shall make public which districts are subject to such reduction no later than two years before the first primary election for which funding is sought.
C. Any participating candidate meeting the threshold in subsection A for a primary election shall be deemed to have satisfied the threshold in subsection A for any subsequent election held in the same calendar year.
§ 24.2-963.2. Public Campaigns Program certification.
A. Not later than five days after a candidate files an affidavit under subdivision A 3 of § 24.2-963, the Department of Elections shall:
1. Determine whether the candidate meets the requirements for certification as a participating candidate;
2. If the requirements are met, certify the candidate as a participating candidate; and
3. Notify the candidate of the Department's determination.
B. If the Department of Elections certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Department shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle.
C. The Department of Elections may revoke a certification under subsection A if a candidate:
1. Fails to qualify to appear on the ballot at any time after the date of certification, with the exception of a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle;
2. Otherwise fails to comply with the requirements of this chapter, including any regulatory requirements prescribed by the Department of Elections; or
3. Dies, withdraws, or is disqualified as a candidate.
D. If certification is revoked under subsection C, the candidate shall repay to the Public Campaigns Fund an amount equal to the value of matching payments received under this chapter with respect to the election cycle involved plus interest, at a rate determined by the Department of Elections, on any such amount received.
§ 24.2-964. Limitations on contributions.
A. A participating candidate shall not accept, solicit, or direct contributions in connection with any election that exceeds the candidate contribution cap in a candidate election cycle as described in § 24.2-947. The candidate contribution cap shall be the base year amount of (i) $6,600 from any individual; (ii) $4,000 from any campaign, referendum, or inaugural committee; (iii) $6,600 from any political action or referendum committee that has not (a) had a statement of organization filed with the State Board for at least six months, (b) received contributions from at least 51 persons, and (c) contributed to at least five candidates for office in Virginia; and (iv) $10,000 from any other political action or political party committee, using 2023 as the base year, adjusted in odd-numbered years by the Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest multiple of $100. The Department of Elections shall perform such adjustment in January of each odd-numbered year and post the adjusted candidate contribution cap on its website. The increased contribution limitation shall be in effect for the two-year period beginning on the first day following the date of the last November general election in the year preceding the year in which the contribution limitation is increased and ending on the date of the second following November general election.
B. No participating candidate shall accept, solicit, or direct contributions in connection with any primary election or other nominating event for the office the candidate is seeking that exceeds half the amount of the candidate contribution cap in a candidate election cycle as described in § 24.2-947.
C. No participating candidate shall accept, solicit, or direct contributions from a person that is not an individual or a committee.
D. Notwithstanding the provisions of subsections A and B, a participating candidate may make a contribution to his campaign committee in an amount that does not exceed three times the candidate contribution cap.
E. The limits set forth in this section shall apply without regard to whether the participating candidate is opposed or unopposed in the election or nominating process.
F. Contributions made on or prior to the date of the primary election or nominating event shall be subject to the contribution limits for the primary election or other nominating event, unless designated in writing by the contributor as a contribution for the general election. Additionally, a contribution made during the 60 days immediately following the date of the primary election or nominating event may be designated in writing by the contributor as a contribution for the primary or other nominating event.
G. A participating candidate who is defeated in the primary or nominating process and whose campaign committee has a deficit may continue to accept contributions in order to retire the deficit, but such contributions shall be subject to the limits set forth in this section for general elections.
H. For the purpose of reports required under Chapter 9.3 (§ 24.2-945 et seq.), the participating candidate shall report separately (i) contributions received on or prior to the date of the primary election or other nominating event and contributions designated for the primary election or other nominating event pursuant to subsection F and (ii) contributions received after the primary date or not so designated. Participating candidates may otherwise maintain records of receipts and expenditures for the campaign both before and after the primary date on a continuing basis.
I. Any contribution or portion thereof that is returned to the contributor within 60 days after receipt shall not be deemed to have been accepted for the purposes of applying the limits set forth in this section.
J. A participating candidate who has accepted contributions in violation of this section before the date the candidate files a statement of intent under subdivision A 1 of § 24.2-963 is not in violation of this section if all contributions are returned to the contributor or submitted to the Department of Elections for deposit in the Public Campaigns Fund. If a participating candidate who has accepted contributions in violation of this section before the date the candidate files a statement of intent under subdivision A 1 of § 24.2-963 is unable to return such funds in a reasonable time because they have already been spent, acceptance of contributions exceeding the candidate contribution cap shall not prevent the candidate from being certified under § 24.2-963.2 if the candidate submits an affidavit agreeing to pay the Public Campaigns Fund all portions of any contributions that exceeded the limit no later than 30 days before the election. If such candidate provides the Department with such an affidavit, any disbursement of public funds to the candidate shall be reduced by no more than 25 percent until the total amount owed by the candidate is repaid.
K. Nothing in this section shall be interpreted to require a candidate who retains funds during any previous election cycle to forfeit such funds. Funds raised during a previous election cycle may be retained and used by the candidate for the candidate's campaign in the next election cycle, but such funds shall not qualify for satisfying the threshold for participating in the Public Campaigns Program nor shall they be eligible to be matched.
L. Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this chapter shall not constitute a violation of this section.
§ 24.2-964.1. Limitations on the use of public matching payments.
Matching payments provided pursuant to this chapter may be used only by a participating candidate or his designated campaign committee for expenditures to further that participating candidate's nomination for election or election, including paying for debts incurred within one year prior to an election.
Matching payments shall not be used for any of the following:
1. An expenditure in violation of any law.
2. An expenditure in excess of the fair market value of the services, materials, facilities, or other things of value received in exchange.
3. An expenditure made after the candidate has died, withdrawn, or been disqualified.
4. An expenditure made after the only remaining opponent of the candidate has died, withdrawn, or been disqualified as a candidate.
5. An expenditure made by cash payment.
6. A contribution, loan, or transfer made to another candidate or committee constituted under Chapter 9.3 (§ 24.2-945 et seq.).
7. An expenditure to support or oppose a candidate for an office other than the one that the participating candidate seeks.
8. Gifts, except brochures, buttons, signs, t-shirts, and other printed campaign materials.
9. Legal fees.
10. Payments made to the participating candidate's immediate family or to any entity in which any member of his immediate family has a 10 percent or greater ownership interest.
11. Payment of any settlement, penalty, or fine imposed pursuant to federal, state, or local law.
12. Payments made through advances, except in the case of individual purchases less than $250.
13. Expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office.
14. Payments made to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the person's seeking public office.
§ 24.2-964.2. Debate requirement.
A participating candidate shall, during an applicable election cycle, participate in at least one public debate before each election for which the candidate receives matching payments and that is not an uncontested election with other participating candidates and other candidates from the same party seeking the same nomination as the participating candidate.
§ 24.2-964.3. Audits.
A. The Department shall audit and examine all matters relating to the proper administration of the Public Campaigns Program pursuant to this chapter and shall complete all such audits no later than one and one-half years after the election in question. This deadline shall not apply in cases involving potential campaign-related fraud, knowing and willful violations of this chapter, or criminal activity.
B. Every participating candidate for statewide office who receives matching payments as provided in this chapter, and every candidate for an office in the General Assembly who receives $500,000 or greater in matching payments provided under this chapter, shall be audited by the Department along with all other candidates in each such race. Such audits shall be completed within one and one-half years of the election in question.
C. The Department shall select not more than one-third of all participating candidates running for covered offices who do not require a mandatory audit under subsection B for audit through a lottery that shall be completed within one year of the election in question. A separate lottery shall be conducted for districts electing representatives to each house of the General Assembly. The Department shall select the districts to be audited and audit every candidate running for the covered office associated with those districts, while ensuring that the number of audited candidates within those districts does not exceed 50 percent of all participating candidates running in each respective house of the General Assembly. The lottery for each house shall be weighted to increase the likelihood that a district is audited based on how frequently it has been selected for auditing during past election cycles.
D. The cost of complying with the post-election audit shall be borne by the campaign committee for each candidate selected for an audit using any funds at its disposal, including matching payments provided pursuant to this chapter. Participating candidates must maintain a reserve equal to three percent of the matching payments received for the purpose of paying for a post-election audit.
E. The Department shall issue to each candidate audited a final audit report that details its findings.
F. Audits conducted pursuant to this section shall be conducted in addition to any review of campaign finance reports and records conducted pursuant to § 24.2-948.5.
§ 24.2-964.4. Repayments.
A. If the Department determines that any portion of the payment made to a candidate's campaign committee from the Fund was in excess of the aggregate amount of payments that such candidate was eligible to receive pursuant to this chapter, it shall notify such committee and such committee shall pay back to the Fund an amount equal to the amount of excess payments. Such committee shall first utilize the surplus for repayment of such sums and then such other funds as it may have; provided, however, that if the erroneous payment was the result of an error by the Department, then the erroneous payment will be deducted from a future payment, if any, and if no future payment is to be made, then neither the candidate nor the committee shall be liable to repay the excess amount to the Fund. The candidate, the treasurer of the candidate's campaign committee, and the candidate's campaign committee are jointly and severally liable for any repayments to the Fund.
B. If the Department determines that any portion of the payment made to a candidate's campaign committee from the funds was used for purposes not approved under § 24.2-964.1, it shall notify such campaign committee of the amount so disqualified and such campaign committee shall pay to the Fund an amount equal to such disqualified amount. The candidate, the treasurer of the candidate's campaign committee, and the candidate's campaign committee are jointly and severally liable for any repayments to the Fund.
C. If the candidate's campaign committee has surplus funds the amount of such surplus shall be repaid to the Fund. Participating candidates shall make such payments not later than 27 days after all liabilities for the election have been paid and, in any event, not later than the day on which the Department issues its final audit report for the participating candidate's campaign committee; provided, however, that all unspent matching payments for a participating candidate shall be immediately due and payable to the Fund upon a determination by the Department that the participating candidate has delayed the post-election audit. A participating candidate may make post-election expenditures with matching funds only for routine activities involving nominal costs associated with winding up a campaign and responding to the post-election audit. Nothing in this chapter shall be construed to prevent a candidate or his campaign committee from using campaign contributions received from private contributors for otherwise lawful expenditures.
§ 24.2-964.5. Violations and penalties.
A. If a participating candidate accepts a contribution prohibited under § 24.2-964 or makes an expenditure prohibited under § 24.2-964.1, the State Board shall assess a civil penalty against the candidate in an amount that is not more than three times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the general fund.
B. Civil penalties under this provision shall be assessed in accordance with the procedures set forth in § 24.2-946.3.
§ 58.1-344.5. Voluntary contributions of refunds to the Public Campaigns Fund.
A. An individual with income tax liability of at least $40, or $80 for a married couple filing jointly, for any taxable year beginning on or after January 1, 2025, may designate on his Virginia individual income tax return that a contribution of $40, or $80 for a married couple filing jointly, shall be paid into the Public Campaigns Fund established pursuant to § 24.2-961.2 in the amount of $40, or $80 for a married couple filing jointly, for public campaign financing purposes.
B. The Tax Commissioner shall determine the total amount designated on state income tax returns as voluntary contributions pursuant to subsection A each taxable year and shall report such amount to the State Treasurer. All such voluntary contributions collected shall be deposited into the state treasury, and the State Treasurer shall credit the total amount collected to the Public Campaigns Fund established pursuant to § 24.2-961.2.