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44.10.519    EARMARKED CONTRIBUTION, REPORTING

(1) For the purposes of 13-37-217, MCA, and these rules, an "earmarked contribution" is a contribution made with the direction, express or implied, that all or part of it be transferred to or expended on behalf of a specified candidate, ballot issue, or petition for nomination.

(a) A contribution is not earmarked when the initial recipient is:

(i) The candidate for the benefit of whom it is to be expended;

(ii) A political committee which supports a single candidate for the benefit of whom it is to be expended;

(iii) A political committee which supports or opposes a single ballot issue or petition for nomination for the benefit of which it is to be expended; or

(iv) A political committee which supports or opposes more than one candidate and/or issue or petition for nomination and there is no direction, express or implied, that all or part of the contribution will be expended for the benefit of a specified candidate and/or issue or petition for nomination.

(2) 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 44.10.511 and, in addition, shall:

(i) Report it as an "earmarked contribution";

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

(b) The intermediary candidate or political committee, when transferring an earmarked contribution or thing of value received, shall report it pursuant to the provisions of ARM 44.l0.531 and, in addition, shall:

(i) Report it as an "earmarked contribution";

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

(c) The candidate or political committee ultimately receiving an earmarked contribution shall report it pursuant to the provisions of ARM 44.10.511 and, in addition, shall:

(i) Report it as an "earmarked contribution";

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

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

History: Sec. 13-37-114, MCA; IMP, Sec. 13-37-229(4) and (10), 13-37-230(4), MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77.

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