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Limits onCampaign Contributions During the Legislative Session

Updated Dec. 6, 2011

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Summary

29 states place restrictions on giving and receiving campaign contributions during the legislative session. In some states, the ban applies only to contributions by lobbyists, principals and/or political committees; other states have a general ban on contributions. South Carolina bans lobbyist contributions at any time; not just during a legislative session.

 

Prohibition on any contributions during session Prohibition on lobbyist contributions during session

Alabama

Alaska (c)

Florida

Georgia

Illinois (b)

Indiana

Louisiana

Maryland

Nevada

New Mexico

Tennessee (c)

Texas

Utah

Virginia

Washington

Arizona

California (c)

Colorado

Connecticut (a)

Iowa (a)

Kansas (a)

Kentucky (c)

Maine

Minnesota (a)

North Carolina

Oklahoma (b)

South Carolina (c)

Vermont

Wisconsin

(a) Political committee contributions also restricted during session.

(b) Limited ban on fundraisers during session; see below for details. In OK, the fundraising ban is in addition to a ban on contributions by lobbyists during session.

(c) Lobbyists are prohibited from making campaign contributions at any time, including during a legislative session.

 

State-by-State Provisions

Alabama

Ala. Code §17-22A-7(b)(2)

Candidates for state offices and their principal campaign committees may not solicit, accept or receive contributions during the period when the Legislature is convened in session (opening day thru sine die of any regular or special session). Exception for a period of 120 days before any primary, runoff or general election, and for candidates participating in a special election. 

Alaska

AS §24.60.031

A legislator or legislative employee may not on a day when either house of the legislature is in regular or special session, solicit or accept a contribution or a promise or pledge to make a contribution for a campaign for the state legislature. Exception for the 90 days immediately preceding an election for contributions made outside of the capital city. Ban on legislators includes accepting contributions for other candidates, political parties, and ballot measure campaigns.

Arizona

Ariz. Rev. Stat. §41-1234.01

A registered principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist shall not make or promise to make a campaign contribution to or solicit or promise to solicit campaign contributions for a  member of the legislature when the legislature is in regular session, or for the governor when the legislature is in regular session or when regular session legislation is pending executive approval or veto. 

Colorado

C.R.S. §1-45-105.5

No professional lobbyist, volunteer lobbyist, or principal of a professional lobbyist or volunteer lobbyist shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for a member of the general assembly or candidate for the general assembly, when the general assembly is in regular session; the governor or a candidate for governor when the general assembly is in regular session or when any measure adopted by the general assembly in a regular session is pending before the governor for approval or disapproval; or the lieutenant governor, the secretary of state, the state treasurer, the attorney general, or a candidate for any of such offices when the general assembly is in regular session.

Connecticut

Conn. Gen. Stat. §9-610

During any regular session of the General Assembly or any special session held between the adjournment of the regular session in an odd-numbered year and the convening of the regular session in the following even-numbered year or during any reconvened session of the General Assembly held in an odd-numbered year to reconsider vetoed bills, no lobbyist or political committee established by or on behalf of a lobbyist shall make or offer to make a contribution to or on behalf of, and no lobbyist shall solicit a contribution on behalf of, (A) a candidate or exploratory committee established by a candidate for nomination or election to the General Assembly or a state office or (B) a political committee (i) established for an assembly or senatorial district, (ii) established by a member of the General Assembly or a state officer or such member or officer's agent, or in consultation with, or at the request or suggestion of, any such member, officer or agent, or (iii) controlled by such member, officer or agent, to aid or promote the nomination or election of any candidate or candidates to the General Assembly or a state office, and (2) no such candidate or political committee shall accept such a contribution. 

Florida

House Rule 15.3(b) and Senate Rule 1.361

A House member may neither solicit nor accept any campaign contribution during the 60-day regular legislative session or any extended or special session on the member's own behalf, on behalf of a political party, on behalf of any organization with respect to which the member's solicitation is regulated under s. 106.0701, Florida Statutes, or on behalf of a candidate for the House of Representatives; however, a member may contribute to the member's own campaign.

During any regular legislative session, extended session, or special session, a Senator may not directly or indirectly solicit, cause to be solicited, or accept any contribution on behalf of either the Senator’s own campaign, any organization described under section 527 or section 501(c)(4) of the Internal Revenue Code, any political committee, any committee of continuous existence, any political party, or the campaign of any candidate for the Senate; however, a Senator may contribute to his or her own campaign.

Georgia

Ga. Code §21-5-35

No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall seek or accept a contribution or a pledge of a contribution to the member, the member's campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session. 

Illinois

5
ILCS 430/5-40

Except as provided in this Section, any executive branch constitutional officer, any candidate for an executive branch constitutional office, any member of the General Assembly, any candidate for the General Assembly, any political caucus of the General Assembly, or any political committee on behalf of any of the foregoing may not hold a political fundraising function in Sangamon County on any day the legislature is in session (i) during the period beginning February 1 and ending on the later of the actual adjournment dates of either house of the spring session and (ii) during fall veto session. For purposes of this Section, the legislature is not considered to be in session on a day that is solely a perfunctory session day or on a day when only a committee is meeting.

During the period beginning June 1 and ending on the first day of fall veto session each year, this Section does not apply to (i) a member of the General Assembly whose legislative or representative district is entirely within Sangamon County or (ii) a candidate for the General Assembly from that legislative or representative district.

Indiana

IC §3-9-2-12

During the prohibited period (beginning on the day in January in each odd-numbered year the general assembly reconvenes and lasting  through the day the general assembly adjourns sine die in an odd-numbered year), an affected person (anyone who holds legislative or statewide office, and candidates for those offices), an affected person's candidate's committee, and a legislative caucus committee may not do any of the following:
        (1) Solicit campaign contributions.
        (2) Accept campaign contributions.
        (3) Conduct other fundraising activities. This subdivision does not prohibit an affected person from participating in party activities conducted by a regular party committee. 

Iowa

IA Code §68A.504

A lobbyist or political committee, other than a state statutory political committee, county statutory political committee, or a national political party, shall not contribute to, act as an agent or intermediary for contributions to, or arrange for the making of monetary or in-kind contributions to the campaign of an elected state official, member of the general assembly, or candidate for state office on any day during the regular legislative session and, in the case of the governor or a gubernatorial candidate, during the thirty days following the adjournment of a regular legislative session allowed for the signing of bills. An elected state official, member of the general assembly, or candidate for state office shall not accept a prohibited contribution. 

Kansas

K.S.A. §25-4153a

No registered lobbyist, political committee or person, other than an individual, shall make a contribution after January 1 of each year and prior to adjournment sine die of the regular session of the legislature or at any other time in which the legislature is in session to a legislator, candidate for membership in the legislature, state officer elected on a statewide basis, candidate for state officer elected on a statewide basis, candidate committee of such persons, or political committee established by a state committee of any political party and designated as a recognized political committee for the senate or house of representatives.

No legislator, officer, candidate or committee described above shall accept or knowingly solicit any contribution from any registered lobbyist, political committee or person, other than an individual, during such period of time described above.

Kentucky

K.R.S. §6.767

A member of the General Assembly, candidate for the General Assembly, or his campaign committee shall not accept a campaign contribution from a legislative agent.

Louisiana

La. R.S. §18:1505.2(Q) and §24:56

No legislator or any principal or subsidiary committee of a legislator shall accept or deposit a contribution, loan, or transfer of funds or accept and use any in-kind contribution for his own campaign during a regular legislative session. This does not apply to any legislator who is a candidate for the office of United States senator; the office of United States representative; an office which is to be filled by an election which occurs during the regular legislative session during which the contribution, loan, or transfer of funds or in-kind contribution is accepted or within sixty days after such  regular legislative session adjourns; or an office other than that of a member of the state legislature.  

No lobbyist, for himself or his principal, shall offer or provide to a legislator or his principal campaign committee any campaign contribution or loan resulting from a fundraising function held during such a legislative session.

Maine

1 Me. Rev. Stat. Ann §1015(3)

The Governor, a member of the Legislature or any constitutional officer or the staff or agent of the Governor, a member of the Legislature or any constitutional officer may not intentionally solicit or accept a contribution from a lobbyist, lobbyist associate or employer during any period of time in which the Legislature is convened before final adjournment. A lobbyist, lobbyist associate or employer may not intentionally give, offer or promise a contribution, other than a qualifying contribution, to the Governor, a member of the Legislature or any constitutional officer or the staff or agent of the Governor, a member of the Legislature or any constitutional officer during any time in which the Legislature is convened before final adjournment. These prohibitions apply to contributions directly and indirectly solicited or accepted by, or given, offered and promised to a political action committee, ballot question committee or party committee of which the Governor, a member of the Legislature, a constitutional officer or the staff or agent of these officials is a treasurer, officer or primary fund-raiser or decision maker.

Maryland

MD Election Code Ann. §13-235

During a regular session of the General Assembly, the Governor, the Lieutenant Governor, the Attorney General, the Comptroller and a member of the General Assembly, or a person acting on behalf of the official, may not, as to a candidate for federal, State, or local office, or a campaign finance entity of the candidate or any other campaign finance entity organized under this title and operated in coordination with a candidate, receive a contribution; conduct a fund-raising event; solicit or sell a ticket to a fund-raising event; or deposit or use any contribution of money that was not deposited prior to the session.

Exception -- Candidate for federal or local government office. -- An official, or a person acting on behalf of the official, is not subject to this section when engaged in activities solely related to the official's election to an elective federal or local office for which the official is a filed candidate.

Minnesota

Minn. Stat. §10A.273

A candidate for the legislature or for constitutional office, the candidate's principal campaign committee, or a political committee or party unit established by all or a part of the party organization within a house of the legislature, must not solicit or accept a contribution from a registered lobbyist, political committee, political fund, or dissolving principal campaign committee, or from a party unit established by the party organization within a house of the legislature, during a regular session of the legislature.

A registered lobbyist, political committee, political fund, or dissolving principal campaign committee, or a party unit established by the party organization within a house of the legislature, must not make a contribution to a candidate for the legislature or for constitutional office, the candidate's principal campaign committee, or a political committee or party unit established by all or a part of the party organization within a house of the legislature during a regular session of the legislature. 

Nevada

Nev. Rev. Stat. §294A.300

It is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:      (a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature; (b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or (c) The day after the Governor issues a proclamation calling for a special session of the Legislature and ending 15 days after the final adjournment of a special session of the Legislature if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.

New Mexico

NMSA §1-19-34.1

It is unlawful during the prohibited period for a state legislator or a candidate for state legislator, or any agent on behalf of either, to knowingly solicit a contribution for a political purpose.  For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on adjournment of the regular or special session. A similar prohibition exists for the governor and ends on the 20th day following adjournment.

North Carolina

N.C. Gen. Stat. §163-278.13B

While the General Assembly is in regular session, no member of or candidate for the Council of State, a member of or candidate for the General Assembly or the real or purported agent of such a person shall solicit a contribution from a limited contributor to be made to that person or to be made to any other candidate, officeholder, or political committee; or solicit a third party, requesting or directing that the third party directly or indirectly solicit a contribution from a lobbyist or relay to the lobbyist the candidate's solicitation of a contribution.

While the General Assembly is in regular session, no registered lobbyist, lobbyist's agent, lobbyist's principal, or a political committee that employs or contracts with or whose parent entity employs or contracts with a registered lobbyist shall make or offer to make a contribution to the individuals listed in the preceding paragraph; make a contribution to any candidate, officeholder, or political committee, directing or requesting that the contribution be made in turn to the individuals listed in the preceding paragraph; transfer any amount of money or anything of value to any entity, directing or requesting that the entity use what was transferred to contribute to an individual listed in the preceding paragraph.

Exception - These provisions do not apply with regard to a candidate during the three weeks prior to the day of a second primary if that person is a candidate who will be on the ballot in that second primary.

Oklahoma

21 O.S. 187.1 and Ethics Commission Rules §257:10-1-6

No lobbyist or lobbyist principal shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for a member of the Oklahoma Legislature or a candidate for a state legislative office during any regular legislative session, beginning the first Monday in February, through its adjournment, and for five calendar days following sine die adjournment. A member of the Oklahoma Legislature or a candidate for a state legislative office shall not intentionally solicit or accept a contribution from a lobbyist or lobbyist principal during any regular legislative session and for five calendar days after sine die adjournment.  

No fundraising event for a member of the Legislature shall be held in Oklahoma County during the regular session of the Legislature, beginning the first Monday in February through its adjournment or the last Friday in May, whichever is earlier. Provided, the restrictions of this section shall not apply to any member of the Legislature whose legislative district or the legislative district of the office sought includes any portion of Oklahoma County; or any member of the Legislature for fundraising events in Oklahoma County in support of his candidacy for a statewide elective office or for election to the United States House of Representatives, United States Senate or other elective federal offices.

South Carolina

S.C. Code §2-17-80

A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees a contribution. A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive a contribution from a lobbyist or a person acting on behalf of a lobbyist. 

Tennessee

Tenn. Code Ann. §2-10-310 and §3-6-304

From the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, no member of the general assembly or a member's campaign committee or the governor or the governor's campaign committee shall conduct a fundraiser or solicit or accept contributions for the benefit of the caucus, any caucus member or member or candidate of the general assembly or governor.

A member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for a campaign for local public office during this period only under certain conditions.

No employer of a lobbyist or multicandidate political campaign committee controlled by an employer of a lobbyist shall make any campaign contribution to a candidate for the office of governor or member of the general assembly during any regular annual session or any extraordinary session of the general assembly. No lobbyist shall offer or make any campaign contribution, including any in-kind contribution, to or on behalf of the governor or any member of the general assembly or any candidate for the office of governor, state senator or state representative.

Texas

Election Code §253.034; Texas Ethics Commission Rule §22.11

During the period beginning on the 30th day before the date a regular legislative session convenes and continuing through the 20th day after the date of final adjournment, a person may not knowingly make a political contribution to a statewide officeholder, a member of the legislature, or a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature. A statewide officeholder, a member of the legislature, or a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during this period.

Utah

Utah Code §36-11-305

It is unlawful for a person, lobbyist, principal, or political committee to make a campaign contribution or contract, promise, or agree to make a campaign contribution to a legislator or a legislator's personal campaign committee, or a political action committee controlled by a legislator during the time the Legislature is convened in annual general session, veto override session, or special session.
It is unlawful for a person, lobbyist, principal, or political committee to make a campaign contribution, or contract, promise, or agree to make a campaign contribution, to the governor, the governor's personal campaign committee, or a political action committee controlled by the governor during the time the Legislature is convened in annual general session, veto override session, special session, or during the time period established by the Utah Constitution, Article VII, Section 8, for the governor to approve or veto bills passed by the Legislature in the annual general session.

Vermont

2 V.S.A. §266(3)

When the general assembly is in session, until adjournment sine die, it is prohibited for a legislator or administrative official to solicit a political campaign contribution from a registered lobbyist or a lobbying firm engaged by an employer or registered employer or for a registered lobbyist or registered employer or a lobbying firm engaged by an employer to make or promise a political campaign contribution to any member of the general assembly or any member's campaign committee.

Virginia

Va. Code §24.2-954

No member of the General Assembly or statewide official and no campaign committee of a member of the General Assembly or statewide official shall solicit or accept a contribution for the campaign committee of any member of the General Assembly or statewide official, or for any political committee, from any person or political committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session. No person or political committee shall make or promise to make a contribution to a member of the General Assembly or statewide official or his campaign committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session.

Washington

RCW §42.17.710(1) Effective until January 1, 2012. Recodified as RCW 42.17A.560

During the period beginning on the thirtieth day before the date a regular legislative session convenes and continuing through the date of final adjournment, and during the period beginning on the date a special legislative session convenes and continuing through the date that session adjourns, no state official or a person employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office fund, to a candidate or authorized committee, or to retire a campaign debt. Contributions received through the mail after the thirtieth day before a regular legislative session may be accepted if the contribution is postmarked prior to the thirtieth day before the session.

Wisconsin

Wis. Stats. §13.625

No lobbyist may make a campaign contribution to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:
1. A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.
2. A campaign contribution by a lobbyist to the lobbyist's campaign for partisan elective state office may be made at any time.

 

For More Information

For more information on campaign finance reform, contact Jennie Drage Bowser.

 

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