44.11.404    EARMARKED CONTRIBUTION, REPORTING

(1) For the purposes of 13-37-217, 13-37-229, and 13-37-232, MCA, and these rules, an "earmarked contribution" is a contribution made with the express, implied, oral, written, direct, or indirect designation or instruction, that all or part of it be transferred to or expended on behalf of a specified candidate, ballot issue committee, political party committee, independent committee, or petition for nomination. An earmarked contribution is the same as a designated contribution.

(2) A contribution is not earmarked when it is to be used solely at the discretion of the initial recipient.

(3) An earmarked contribution shall be reported as follows:

(a) the intermediary candidate or political committee receiving an earmarked contribution shall report it pursuant to the provisions of ARM 44.11.402 and shall:

(i) report it as an "earmarked contribution"; and

(ii) report the name and address of the candidate or political committee for which the earmarked contribution is ultimately intended; and

(iii) inform the candidate or political committee ultimately receiving the transfer of the earmarked contribution of the full name and mailing address (and occupation and principal place of business, if any) of the original contributor.

(b) the candidate or political committee ultimately receiving an earmarked contribution shall report it pursuant to the provisions of ARM 44.11.402 and shall:

(i) report it as an "earmarked contribution"; and

(ii) report it as a contribution in the name of the original contributor, disclosing the full name, mailing address (and occupation and principal place of business, if any); and

(iii) Report the full name and mailing address of the intermediary candidate or political committee.

History: 13-37-114, MCA; IMP, 13-37-217, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; TRANS and AMD, from 44.10.519, 2016 MAR p. 28, Eff. 1/9/16.