SB241 Alabama 2015 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2015

Title

Fair Campaign Practices Act, revised, State Campaign Finance Commission, created, Secs. 17-5-7.2, 17-5-19.1, 17-5-19.2, 17-5-21, 36-14-18 added; Secs.17-5-2, 17-5-4 to 17-5-10, inclusive, 17-5-19, 36-25-3, 36-25-4, 36-25-14, 36-25-15 am'd.

Summary

SB241 revises Alabama's campaign finance laws to create a State Ethics Commission, clarify fund use and dissolution rules, and adjust penalties and enforcement.

What This Bill Does

Creates a State Ethics Commission with authority to investigate violations, issue advisory opinions, and adjust civil penalties. Clarifies when campaign contributions and expenditures are counted, and how a campaign committee's assets are handled when it dissolves; allows using campaign funds to pay legal costs related to duties. Lowers civil penalties for reporting failures and creates a process for administrative review of penalties, with penalties that can be paid from campaign funds. Establishes new rules for disposing of campaign property and expands reporting and filing requirements, including electronic filing and officer disclosures.

Who It Affects

• Candidates, principal campaign committees, and political action committees — face new definitions, reporting timelines, property disposal rules, and possible penalties; can use campaign funds to pay legal costs related to duties and to pay civil penalties in some cases.
• Public officials and public employees — subject to expanded financial disclosure requirements (economic interests), and general ethics provisions that govern conduct and reporting.
• State and local election officials (Secretary of State and judge of probate) and the State Ethics Commission — gain new enforcement powers, filing responsibilities, and procedures for penalties, audits, and advisory opinions.
• The general public — benefits from greater transparency through public filings and the availability of advisory opinions, with protections and penalties designed to deter improper conduct.

Key Provisions

• §17-5-7.2 Disposal of campaign property: property valued at $500 or more must be liquidated at fair market value or donated within 120 days after the election, with proceeds staying in the candidate's campaign account; property used in duties need not be liquidated.
• §17-5-19.1 Civil penalties: starting in 2018, penalties for failure to file timely or accurate reports are set on a scale (first offense up to $300 or 10% of the amount not reported; second offense up to $600 or 15%; third or more up to $1,200 or 20%), with a fourth offense creating a presumption of intent; penalties may be paid from campaign funds.
• §17-5-19.2 Administrative review: allows a civil penalty recipient to seek a review by the State Ethics Commission, which may set aside or reduce penalties for good cause.
• §17-5-21 Administrative rules: Secretary of State can issue rules to implement and administer the Fair Campaign Practices Act, including forms, filing methods, retention policies, and enforcement procedures.
• §36-25-3 and §36-25-4: Establishes the State Ethics Commission, its composition, terms, powers (investigations, subpoenas, advisory opinions), and duties; prohibits partisan political activity by commission members and staff.
• §36-14-18: Secretary of State duties for electronic campaign filing, penalty collection, and cooperation with the State Ethics Commission; includes public access to records.
• New provisions authorize using campaign funds to cover legal costs related to civil actions, criminal prosecutions, or investigations tied to duties; also clarifies reporting thresholds and duty to liquidate or dispose of assets after dissolution.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Campaign Finances