A. It is unlawful for a person to make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person.
B. No person shall make contributions or expenditures with an intent to conceal the names of persons who are the true source of funds used to make independent expenditures or the true recipients of the expenditures.
History: 1978 Comp., § 1-19-34.3, enacted by Laws 1993, ch. 46, § 14; 1994, ch. 84, § 1; 1995, ch. 153, § 14; 2009, ch. 68, § 4; 2019, ch. 262, § 10.
ANNOTATIONSTemporary provisions. — Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.
The 2019 amendment, effective July 1, 2019, prohibited a person from making contributions or expenditures with an intent to conceal the names of persons who are the true source of funds used to make independent expenditures or are the true recipients of the expenditures; and added Subsection B.
The 2009 amendment, effective November 3, 2010, deleted the former language which made it unlawful for a political committee or a candidate or his agent to accept a contribution that is reported as coming from one person or entity when the candidate or his agent knows that the contribution is from another person or entity; and added the language after "It is unlawful for a person".
Severability. — Laws 2009, ch. 68, § 5 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 1995 amendment, effective June 16, 1995, inserted the second "or his agent" following "when the candidate" and substituted "the" for "its" following "directed that".
The 1994 amendment, effective May 18, 1994, deleted "bundling disclosure required" following "prohibited" in the section heading, deleted the Subsection A designation which appeared at the beginning of the section, and deleted former Subsection B relating to the disclosure of multiple contributions.
Contributions by an individual through a corporation owned by the individual. — The transfer funds to a corporation by a person who controls the corporation for purposes of making a political contribution in the name of the corporation is a violation of the Campaign Reporting Act. 2010 Op. Att'y Gen. No. 10-03.