44.11.202    POLITICAL COMMITTEE, DEFINITION AND TYPES

(1) A political committee has the meaning as defined in 13-1-101, MCA. A political committee exists under Title 13, chapters 35 and 37, MCA, and these rules by virtue of its receipt of one or more contributions or through making one or more expenditures. A political committee must register with the commissioner at the time and in the manner set out in these rules, see ARM 44.11.201 and 44.11.302.

(2) There are four types of political committees:

(a) a ballot issue committee as defined in 13-1-101, MCA;

(b) a political party committee as defined in 13-1-101, MCA;

(c) an incidental committee as defined in 13-1-101, MCA; and

(d) an independent committee as defined in 13-1-101, MCA.

(3) A political committee is not formed by the following:

(a) by an individual who makes an independent expenditure solely with his or her own funds and by his or her own actions;

(b) by a $250 or less expenditure as defined by "political committee" in 13-1-101, MCA;

(c) by a de minimis activity, as defined in these rules;

(d) by an individual who is married making a contribution through his or her joint checking account; or

(e) by a candidate and his or her campaign treasurer(s) making an expenditure or accepting a contribution in the candidate's campaign.

(4) A ballot issue committee is a political committee specifically organized to support or oppose a ballot issue. A "ballot issue" is defined by 13-1-101, MCA.��

(5) A political party committee is a political committee formed by a political party organization. A political party organization is defined by 13-1-101, MCA. A political party committee includes a county central committee, city central committee, clubs, and any other political committee that was formed by a political party organization.

(6) An incidental committee is a political committee that does not have the primary purpose of supporting or opposing candidates or ballot issues. Incidental committee reportable election activity may consist of:

(a) making one or more expenditures;

(b) accepting one or more designated contributions; or

(c) accepting one or more contributions in response to an appeal.

(7) An independent committee is a political committee that has the primary purpose of supporting or opposing candidates or ballot issues but is neither a ballot issue nor a political party political committee. Independent committee reportable election activity may consist of:

(a) making one or more expenditures;

(b) accepting one or more contributions.

(8) Provided its reportable election activity is all within a single reporting period, a political committee may file a single report of its election expenditures or contributions, identifying the report as an opening and closing report.

(9) The primary purpose standard is defined in ARM 44.11.203.

(10) The commissioner may classify each political committee in the manner defined in these rules, see ARM 44.11.204.

(a) Subunits of a main political committee, such as county committees or other divisions, that have authority to receive contributions and make expenditures independent of a parent political committee are a separate political committee.

(b) Subunits within those entities defined under "person" in these rules that have authority to receive contributions and make expenditures independent of the corporation or other entity are a separate political committee.

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The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.327 (ARM 44.11.202) POLITICAL COMMITTEE, DEFINITION AND TYPES in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 20 Senators voted the proposed rule is contrary to legislative intent; 49 Representatives voted the proposed rule is consistent with legislative intent; and 36 Representatives voted the proposed rule is contrary to legislative intent.

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History: 13-37-114, MCA; IMP, 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-231, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1997 MAR p. 1828, Eff. 10/7/97; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.327, 2016 MAR p. 28, Eff. 1/9/16.