As used in this subchapter: (1) “Ballot question” means a question in the form of a statewide, county, municipal, or school district initiative or referendum which is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot; (2)(A) “Ballot question committee” means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question, or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question. Previous Next Page 7-9-402 ELECTIONS (B) A person other than an individual or an approved political action committee as defined in § 7-6-201, located within or outside Arkansas, also qualifies as a ballot question committee if an amount equal to two percent (2%) or more of its annual revenues, operating expenses, or funds for the most recently completed year is used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (3)(A) “Contribution” means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (B) “Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, and the granting of discounts or rebates by television and radio stations and newspapers, not extended on an equal basis to all persons seeking to expressly advocate the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (C) “Contribution” shall not include noncompensated, nonreimbursed volunteer personal services or travel; (4) “Contribution and expenditure” shall not include activities designed solely to encourage individuals to register to vote or to vote, or any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination, and “expenditure” shall not include one made for communication by a person strictly with the person’s paid members or shareholders; (5) “Directly or indirectly” means acting either alone or jointly with, through, or on behalf of any other: (A) Ballot question committee; (B) Legislative question committee; (C) Political action committee; (D) Organization; (E) Person; or (F) Other entity; (6) “Disqualification of a ballot question” means any action or process, legal or otherwise, which seeks to prevent a ballot question from being on the ballot at an election; (7) “Elected official” means any person holding an elective office of any governmental body, whether elected or appointed to the office; (8) “Expenditure” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question; (9) “Foreign national” means: (A) An individual who is not a citizen or lawful permanent resident of the United States; (B) A government or subdivision of a foreign country; (C) A foreign political party; (D) An entity, including without limitation a partnership, association, corporation, organization, or other combination of persons, that is organized under the laws of, or has its principal place of business in, a foreign country; or (E) A partnership, association, corporation, or organization, which is wholly or majority owned by a foreign national, unless: (i) A contribution or expenditure the entity makes derives entirely from funds generated by the entity’s operations; and Previous Next Page INITIATIVES, REFERENDA, ETC. 7-9-402 (ii) All decisions concerning the contribution or expenditure are made by individuals who are United States citizens or permanent residents, except for setting overall budget amounts; (10) “Governmental body” means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (11) “Independent expenditure” means the same as defined in § 7-6-201; (12) “Legislative question” means a question in the form of a measure referred by the General Assembly, a quorum court, a municipality, or a school district to a popular vote at an election; (13)(A) “Legislative question committee” means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the passage or defeat of any legislative question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the passage or defeat of any legislative question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201, located within or outside Arkansas, also qualifies as a legislative question committee if an amount equal to two percent (2%) or more of its annual revenues, operating expenses, or funds for the most recently completed year is used to make a contribution or contributions to another legislative question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (14)(A) “Person” means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) “Person” includes an elected official using public funds to expressly advocate the qualification, disqualification, passage, or defeat of any ballot question or the passage or defeat of any legislative question; and (15) “Preliminary activity” includes: (A) Conducting a poll; (B) Drafting ballot question language; (C) Drafting legislative question language; (D) Conducting a focus group; (E) Conducting telephone calls; or (F) Traveling in connection with a ballot question or legislative question activity; (16) “Prohibited sources” includes: (A) A prohibited political action committee as defined in § 7-6-201; (B) A political action committee that accepts one (1) or more contributions from a foreign national; (C) An organization that is funded by a political action committee that accepts one (1) or more contributions from a foreign national; (D) Contributions from or expenditures by a foreign national; and (E) Contributions or expenditures that violate state or federal law; (17) “Qualification of a ballot question” means any action or process, legal or otherwise, through which a ballot question obtains certification to be on the ballot at an election. (18)(A) “Tax-exempt organization” means an organization that qualifies as exempt from federal income tax under § 501(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c), as it existed on January 1, 2025. (B) This subchapter shall not be construed to treat a political organization under § 527 of the Internal Revenue Code of 1986, 26 U.S.C. § 527, as it existed on January 1, 2025, as a tax-exempt organization for purposes of this subchapter.
§ Ark. Code § 7-9-402Definitions
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