Rules & Regulations of the State of Tennessee Title 0530 - Registry of Election Finance
The "Rules & Regulations of the State of Tennessee, Title 0530 - Registry of Election Finance" govern campaign finance and related activities in Tennessee. This body of regulations is crucial for ensuring transparency and compliance in political campaigns and the activities of various political entities.
Here's a breakdown of the key areas covered within Title 0530:
I. Chapters within Title 0530:
Chapter 0530-01-01 - Campaign Financial Disclosure Rules: This chapter outlines the specifics of how campaign financial disclosure reports must be filed. It covers what constitutes a reportable contribution, in-kind contributions, loan disclosures, and the details required in disclosure statements (e.g., name, address, amount, date of receipt for contributions over a certain threshold).
Chapter 0530-01-03 - Campaign Finance Rules: This chapter delves into broader campaign finance regulations, including:
Elections: General provisions related to elections.
Campaign Contributions: Rules regarding the receipt of campaign contributions.
Attribution of Campaign Contributions: How contributions are attributed.
Certification of Political Treasurer: Requirements for appointing and certifying a political treasurer.
Bookkeeping Procedures: Guidelines for maintaining campaign financial records.
Disclosure of Affiliation of Multicandidate Political Campaign Committees (PACs): Rules for PACs regarding their affiliations.
Independent Campaign Expenditures: Regulations concerning expenditures made independently of a candidate's campaign.
Use of a Conduit: Provisions to prevent the use of intermediaries to circumvent contribution limits.
Administrative Termination of a Multicandidate Committee's Registration: Procedures for terminating a PAC's registration.
Chapter 0530-02-01 - Lobbyist Registration and Disclosure Rules: While this chapter previously existed, it has been repealed and is no longer active. Lobbyist registration and disclosure are now primarily governed by other parts of Tennessee law, likely within the purview of the Tennessee Ethics Commission.
II. Key Provisions and General Principles:
Purpose: The overarching goal of these regulations is to provide for the public disclosure of campaign contributions and expenditures, ensuring transparency in elections.
Tennessee Registry of Election Finance (TREF): This is the state agency responsible for administering and enforcing these rules. TREF has the power to:
Hold hearings, conduct audits, and subpoena witnesses.
Issue written advisory opinions.
Assess late filing fees and civil penalties for violations.
Refer matters for criminal prosecution where appropriate.
Who Must File:
Candidates for State Public Office: Must file all required reports with TREF.
Candidates for Local Public Office: Must file with the election commission of the county where the election will be held.
Political Campaign Committees (PACs) and Referendum Committees: Are subject to specific reporting requirements if they meet certain thresholds for contributions or expenditures.
Tax Exempt Organizations: Certain tax-exempt organizations may also be required to file reports.
Campaign Bank Accounts: Candidates must open and maintain separate bank accounts for campaign funds, and all expenditures must be made from this account.
Contribution Limits: Specific limits apply to campaign contributions from individuals, PACs, and political party PACs, varying based on the type of office (statewide, State Senate, State Representative, local).
What Constitutes a Contribution: This broadly includes any advance, conveyance, loan, payment, gift, or subscription. In-kind contributions (e.g., donated rent, office supplies, advertising) are also considered contributions and must be reported at their fair market value.
What is NOT a Contribution: Volunteer personal services (uncompensated) and the costs of small home events (below a certain threshold, e.g., $100) are generally not considered contributions.
Reporting Thresholds: Candidates may be exempt from filing detailed disclosure statements if both contributions and expenditures are below a certain amount (e.g., $1,000). However, even then, they must report the balance of contributions, outstanding loans, and obligations. For detailed disclosures, contributions over a specific amount (e.g., $100) from a single source must be itemized with donor information.
Political Treasurer: A certified political treasurer is required before a candidate can receive or spend campaign funds (with minor exceptions).
Blackout Periods: There are restrictions on campaign contributions from lobbyists or PACs controlled by employers of lobbyists during legislative sessions.
III. How to Access the Full Rules & Regulations:
To access the complete and most up-to-date "Rules & Regulations of the State of Tennessee, Title 0530 - Registry of Election Finance," you should refer to official sources:
Tennessee Secretary of State - Registry of Election Finance website: The official TREF website (tn.gov/tref.html) is the best starting point. They often provide links to the full rules and regulations, as well as forms, guidelines, and FAQs for various filers (candidates, PACs, etc.).
Tennessee Compilation of Rules & Regulations: Legal databases like Justia Law or Cornell Law School's Legal Information Institute (LII) often host the Tennessee Administrative Code, including Title 0530. Searching for "Tenn. Comp. R. & Regs. 0530" will typically lead to these resources.
Tennessee Code Annotated (T.C.A.): The regulations found in Title 0530 are based on statutory authority, primarily found in the Tennessee Code Annotated, specifically Title 2 - Elections, Chapter 10 - Campaign Finances.
It's highly recommended to consult the official TN.gov website for the most current information, as laws and regulations can be amended.
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