Participating Candidate Reporting Requirements R2-20-210. Written Questions Under Order

R2-20-110. Participating Candidate Reporting Requirements R2-20-210. Written Questions Under Order A. All participating candidates shall file campaign finance report s that include all receipts and disbursements for their current campaign account as follows: ser- 1. Expenditures for consulting, advising, or other such vices to a candidate shall include a detailed description of what is included in the service, including an allocation of 26-1 March 31, 2026 Arizona CHAPTER 20. CITIZENS CLEAN services to a particular election. When appropriate, th e Commission may treat such expenditures as though mad e during the general election period. 2. If a participating candidate makes an expenditure o n behalf of the campaign using personal funds, the candidate’s campaign shall reimburse the candidate withi n seven calendar days of the expenditure. After the 7 da y period has passed, the expenditure shall be deemed an inkind contribution subject to all applicable limits. 3. A candidate may authorize an agent to purchase goods or services on behalf of such candidate, provided that: a. Expenditures shall be reported as of the date that th e agent promises, agrees, contracts or otherwise incur s an obligation to pay for the goods or services; can- b. The candidate shall have sufficient funds in the didate’s campaign account to pay for the amount of such expenditure at the time it is made and all other outstanding obligations of the candidate’s campaig n committee; and c. Within seven calendar days of the date upon whic h candi- the amount of the expenditure is known, the date shall pay such amount from the candidate’ s campaign account to the agent who purchases th e goods or services. 4. A joint expenditure is made when two or more candidate s agree to share the cost of goods or services. Candidate s may make a joint expenditure on behalf of one or mor e other campaigns, but must be authorized in advance b y the other candidates involved in the expenditure, an d can- must be reimbursed within seven days. Participating didates may participate in joint expenditures for the cost of goods and services with one or more candidates, subject to the following: a. Joint expenditures must be allocated fairly amon g candidates. An allocated share of a joint expenditur e paid by one candidate pursuant to such an agreement must be reimbursed within seven days. b. Any violator of part (a) shall be liable for a penalt y pre- pursuant to R2-20-222, in addition to penalties scribed by any other law. c. If a fairly allocated share of any joint expenditure i s not reimbursed to a candidate, the unreimburse d amount of the joint expenditure fairly allocated t o that candidate shall be deemed a contribution to that candi- candidate by the campaign committee of the date obligated to reimburse the share. d. If a fairly allocated share of any joint expenditure i s can- not reimbursed to a participating candidate, the didate obligated to reimburse the share shall reimburse the fund for the unreimbursed amount of th e joint expenditure fairly allocated to the obligate d candidate, in addition to any penalty specified b y law. litera- e. A candidate’s payment for an advertisement, ture, material, campaign event or other activity shall be considered a joint expenditure including, but not limited to, the following criteria: i. The activity includes express advocacy of th e election or defeat of more than 2 candidates; pro- ii. The purpose of the material or activity is to mote or facilitate the election of a second candidate; March 31, 2026 Supp. Administrative Code 2 A.A.C. 20 ADMINISTRATION ELECTIONS COMMISSION iii. The use and prominence of a second candidat e or his or her name or likeness in the material or activity; iv. The material or activity includes an expressio n by a second candidate of his or her view o n issues brought up during the election campaign; v. The timing of the material or activity in relatio n to the election of a second candidate; vi. The distribution of the material or the activity i s targeted to a second candidate’s electorate; or vii. The amount of control a second candidate ha s over the material or activity. 5. For the purposes of the Act and Commission rules, a candidate or campaign shall be deemed to have made a n expenditure as of the date upon which the candidate or campaign promises, agrees, contracts or otherwise incur s an obligation to pay for goods or services. B. Timing of reporting expenditures. 1. Except as set forth in subsection (A)(2) above, a participating candidate shall report a contract, promise or agreement to make an expenditure resulting in an extension of credit as an expenditure, in an amount equal to the full future payment obligation, as of the date the contract, promise or agreement is made. 2. In the alternative to reporting in accordance with subsection (A)(1) above, a participating candidate may report a contract, promise or agreement to make an expenditur e resulting in an extension of credit as follows: a. For a month-to-month or other such periodic contract or agreement that is terminable by a candidat e at will and without any termination penalty or payment, the candidate may report an expenditure, in a n amount equal to each future periodic payment, as of the date upon which the candidate’s right to terminate the contract or agreement and avoid such futur e periodic payment elapses. b. For a contract, promise or agreement to provid e goods or services during the general election perio d that is contingent upon a candidate advancing to th e general election period, the candidate may report a n expenditure, in an amount equal to the general election period payment obligation, as of the date upo n which such contingency is satisfied. c. For a contract, promise or agreement to pay rent, utility charges or salaries payable to individual s employed by a candidate’s campaign committee a s staff, the candidate may report an expenditure, in a n amount equal to each periodic payment, as of th e date that is the sooner of (i) the date upon whic h payment is made; or (ii) the date upon which payment is due. C. Reports and Refunds of Excess Monies by Participating Candidates. 1. In addition to any campaign finance report required b y Chapter 6 of Title 16, Arizona Revised Statutes, participating candidates shall file the following campaig n finance reports and dispose of excess monies as follows: a. Prior to filing the application for funding pursuant t o A.R.S. § 16-950, participating candidates shall file a per- campaign finance report with the names of the sons who have made qualifying contributions to th e candidate. b. At the end of the qualifying period, a participatin g candidate shall file a campaign finance report con- 26-1 Page 11 2 A.A.C. 20 Arizona CHAPTER 20. CITIZENS CLEAN sisting of all early contributions received, includin g personal monies and the expenditures of such monies. i. The campaign finance report shall be filed wit h the Secretary of State no later than five day s after the last day of the qualifying period an d shall include all campaign activity through th e last day of the qualifying period. ii. If the campaign finance report shows an y amount of unspent monies, the participatin g candidate, within five days after filing the campaign finance report, shall remit all unspent contributions to the Fund, pursuant to A.R.S. § 16-945(B). Any unspent personal monies shall be returned to the candidate or the candidates’ family member within five days. 2. Each participating candidate shall file a campaign financ e report consisting of all expenditures made in connectio n with an election, all contributions received in the electio n cycle in which such election occurs, and all payment s made to the Clean Elections Fund. If the campaig n finance report shows any amount unspent, the participating candidate, within five days after filing the campaig n finance report, shall send a check from the candidate’ s campaign account to the Commission in the amount of all unspent monies to be deposited in the Fund. elec- a. The campaign finance report for the primary tion shall be filed within five days after the primar y election day and shall reflect all activity through th e primary election day. b. The campaign finance report for the general electio n shall be filed within five days after the general elecgen- tion day and shall reflect all activity through the eral election day. 3. In the event that a participating candidate purchase s goods or services from a subcontractor or other vendor through an agent pursuant to subsection (A)(3), the candidate’s campaign finance report shall include the sam e detail as required in A.R.S. § 16-948(C) for each suc h subcontractor or other vendor. Such detail is also require d when petty cash funds are used for such expenditures. Historical Note New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 588, effective October 17, 2001 (Supp. 02-1). Amended by exempt rulemaking at 19 A.A.R. 1693, effective May 23, 2013 (Supp. 13-2). Amended by final exempt rulemaking at 21 A.A.R. 1629, effective July 23, 2015 (Supp. 15-3). Section R2-20-110 renumbered to Section R2-20-114; new Section R2-20-110 made by exempt rulemaking at 22 A.A.R. 2897, effective January 1, 2017 (Supp. 16-3). Amended by final exempt rulemaking at 23 A.A.R. 124, effective January 1, 2017 (Supp. 16-4). legal- Revised Editor’s Note: The Office will not interpret the ity of any actions made by the Commission or the Governor’ s Regulatory Review Council as to whether the rules in R2-20-10 9 and R2-20-111 were effective at 23 A.A.R. 1761 or expired at 2 3 A.A.R. 1757 between the dates of June 7, and December 14, 2017. Those interested in that issue should consult counsel.