Political Spending Transparency Act

[antonfr]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

IMPLEMENT TRANSPARENT SPENDING REPORTS FOR POLITICAL PARTIES & ELECTION CANDIDATES

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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the Constitution, do hereby enact the following provisions into law:
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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the 'Political Spending Transparency Act' or the ‘PSTA’.

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Representative Antonfr.

(4) This Act has been co-sponsored by Senators TrueDarklander and LL4444444444444 and Representatives AverageAnnika, FloofyLunafox and Emeraldguuy.

(5) This Act amends the following Acts:

(a) Criminal Code Act

2. Reasons and Intent

(1) The purpose of this Act is to enhance transparency, accountability, and public confidence in the democratic process by ensuring that political parties and election candidates provide timely and accurate disclosures of their financial activities.

(2) This Act seeks to ensure that citizens have access to clear and reliable information regarding political funding, campaign expenditures, and the financial conduct of those seeking or holding public office.

(3) This Act intends to establish consistent reporting standards for political spending, allowing the public to better understand the sources of political funding and the manner in which such funds are used.

(4) This Act seeks to prevent the concealment, misrepresentation, or improper management of political finances by requiring accurate and accessible financial disclosures.

(5) This Act aims to strengthen public trust in elections and political institutions by promoting openness, integrity, and responsible financial practices among political parties and candidates.

3. Definitions

(1) For the purposes of this Act, the following definitions shall apply:

(a) Political Party. A political party with an active registration with the Department of State.

(b) Spending Transparency Report. A financial report submitted by a Political Parties, Political Action Committees, or Independent Candidates detailing all income, expenses, balances, and other financial information required under this Act during a specified reporting period.

(c) Spending Transparency Period. The period of time covered by a Spending Transparency Report.

(d) Readable and publicly accessible format. A format, such as a Google document/sheet that is easily titled, readable and can be viewed by anyone.

(e) Independent Candidate. A candidate not contesting office on the ticket of a Political Party and rather as an Independent.

(f) Politically Related Expenses. For the purpose of influencing an election or supporting or opposing a political party or candidate.

(g) Politically Related Income. Any funds, donations, contributions, transfers, goods, or services received directly or indirectly for the purpose of influencing the outcome of an election or supporting the political activities of a political party, candidate, or Independent Candidate.

(h) Contribution. Any donation, transfer of funds, goods, or services provided to a Political Party, Candidate, Independent Candidate, or Political Action Committee for Politically Related purposes.

(i) Political Action Committee (PAC). An organisation registered with the Department of State whose primary purpose is to raise or expend funds for Politically Related Expenses, including making Contributions to Political Parties or Candidates and making Independent Expenditures.

(j) Candidate. A person contesting or elected to any federal or local public office.

(k) Independent Expenditure. A Politically Related Expense made without consultation, cooperation, coordination, or prior arrangement with a Political Party, Candidate, or their authorised representatives.

PART II — SPENDING TRANSPARENCY

4. Spending Transparency Periods

(1) A Spending Transparency Report shall be prepared and submitted:

(a) Up to seven (7) days after the certification of an election result where the Political Party or applicable Independent Candidate spent or received three thousand ($3,000) dollars or more and had a candidate elected in that election;

(b) Up to seven (7) days after the certification of an election result where a Political Action Committee spent or received three thousand ($3,000) dollars or more; and

(b) Up to seven (7) days after the end of a calendar month.

(2) The Spending Transparency Period shall be the time period between:

(a) The start of the election cycle if appropriate; or

(b) The full calendar month if appropriate.

5. Spending Transparency Reports

(1) Every Political Party, every Political Action Committee, and every Independent Candidate required to submit a report under this Act, shall submit a Spending Transparency Report to the Department of State, except as otherwise provided for towns under §6, containing:

(a) The total balance of the Political Party, Independent Candidate or Political Action Committee at the beginning of the Spending Transparency Period;

(b) The total balance of the Political Party, Independent Candidate or Political Action Committee at the end of the Spending Transparency Period;

(c) All Politically Related Expenses made during the Spending Transparency Period, including:

(i) The amount spent;

(ii) The recipient of the funds;

(iii) The purpose of the expenditure; and

(iv) The date of payment, if reasonably possible.

(d) All Politically Related Income received during the Spending Transparency Period, including but not limited to:

(i) The purpose of the income;

(ii) The amount received;

(iii) The source of the funds; and

(iv) The date received, if reasonably possible.

(2) An Independent Candidate shall only be required to submit a Spending Transparency Report if they are or were:

(a) Contesting the Office of President;

(b) Elected to Congress or another federal office; or

(c) Elected to Town Government or another local office.

(d) Independent Candidates are not subject to the calendar month reports as laid out in §4(1)(b).

6. Publishing of Spending Transparency Reports

(1) Spending Transparency Reports shall be neutrally published by the appropriate authority designated under this Act in a readable and publicly accessible format.

(2) Reports shall be published:

(a) Up to ten (10) days after the certification of an election result if applicable as per §4(1)(a); or

(b) Up to ten (10) days after the end of a calendar month if applicable as per §4(1)(b).

PART III — POLITICAL ACTION COMMITTEES
7. Registration of Political Action Committees

(1) Any organisation or company intending to raise or expend funds for Politically Related purposes shall register as a Political Action Committee with the Department of State.

(2) The Department of State shall maintain a publicly accessible register of all registered Political Action Committees.

(3) A Political Action Committee shall designate a responsible officer who shall be legally responsible for compliance with this Act.

(4) A person, corporation, organisation, or association that makes Politically Related Expenses totalling three thousand dollars ($3,000) or more during an election cycle without acting through a Political Party or Candidate shall register as a Political Action Committee before making further expenditures.

(5) Upon registration, the person or entity shall become subject to all reporting and disclosure requirements under this Act.

(6) Any expenditure made prior to registration shall also be disclosed in the first Spending Transparency Report submitted by the Political Action Committee.

8. Spending Transparency Reports for PACs

(1) Every Political Action Committee shall submit Spending Transparency Reports in accordance with §4 and §5.

(2) In addition to the requirements under §5, a Spending Transparency Report submitted by a Political Action Committee shall include:

(a) All Contributions received, including the contributor; and

(b) Whether each Politically Related Expense supported or opposed a Political Party or Candidate.

9. Independence of Political Action Committees

(1) A Political Action Committee may:

(a) Make Contributions to Political Parties;

(b) Make Contributions to Candidates or Independent Candidates;

(c) Make Independent Expenditures supporting or opposing Political Parties, Candidates, or Independent Candidates.

(2) Contributions made under subsection (1)(a) and (1)(b) may be coordinated with the recipient and shall be reported by both the Political Action Committee and the receiving Political Party or Candidate.

(3) Independent Expenditures made under subsection (1)(c) shall not be coordinated with any Political Party, Candidate, Independent Candidate, or their authorised representatives.

(4) For the purposes of subsection (3), coordination includes:

(a) jointly planning advertisements or campaign activities;

(b) receiving strategic direction regarding expenditures;

(c) acting at the request of a Political Party or Candidate; or

(d) any substantially similar conduct.

(5) Independent Expenditures shall not be considered Contributions.

10. Contributions to Political Action Committees

(1) Any person, Political Party, corporation, organisation, or association may make Contributions to a registered Political Action Committee unless otherwise prohibited by law.

(2) Contributions shall be disclosed in accordance with this Act.

(3) Anonymous Contributions exceeding one thousand dollars ($1,000) are prohibited.

PART IV — TOWN RIGHTS

11. Town Rights

(1) A town may, by by-law, establish additional requirements or alter current requirements for local elections, including but not limited to:

(a) The recipient and/or publisher of Spending Transparency Reports;

(b) The requirements and deadlines for submitting reports; and

(c) The contents and format of reports.

(2) This Act shall not be enforced within a town until:

(a) The town passes a by-law establishing requirements for Spending Transparency Reports; or

(b) Thirty (30) days have elapsed since the enactment of this Act.

(3) If thirty (30) days have elapsed without a town passing a by-law under subsection (1), the requirements established under this Act shall automatically apply.

(a) All requirements established under this Act shall automatically apply, however reports shall be submitted to and published by the Mayor's office if not stated elsewhere or provided by town bylaw.

(b) The Department of State shall not be responsible for Spending Transparency Reports surrounding towns and their local elections.

(4) A town by-law enacted under this section may not remove or alter the requirement that all Spending Transparency Reports be published in a readable and publicly accessible format.

PART V — ENFORCEMENT

12. Amendments to the Criminal Code Act

(1) Two new sections shall be appended under Part II as follows:

"11 — Misrepresentation or Concealment of Political Spending
Offence Type: Indictable
Penalty: Up to 200 penalty units; Up to one (1) month disqualification from public office.
A person commits an offence if the person:
(a) Conceals, misrepresents, or fails to disclose political spending information required under the Political Spending Transparency Act; or
(b) Submits false or misleading information in a Spending Transparency Report required under the Political Spending Transparency Act.
Relevant law: Political Spending Transparency Act

12 — Failure to Register as a Political Action Committee
Offence Type: Indictable
Penalty: Up to 150 penalty units; Up to one (1) month disqualification from public office.
A person commits an offence if the person:
(a) Makes Politically Related Expenses totalling three thousand dollars ($3,000) or more during an election cycle without registering as a Political Action Committee as required under the Political Spending Transparency Act;
(b) Knowingly continues to make Politically Related Expenses after being required to register as a Political Action Committee without completing such registration; or
(c) Attempts to avoid registration as a Political Action Committee by concealing, dividing, or otherwise structuring expenditures to prevent the total amount of Politically Related Expenses from reaching the registration threshold."