Tenn. Comp. R. & Regs. 0530 — Registry of Election Finance

agency-0530Tenn. Comp. R. & Regs. 0530Regulation

Chapter 0530-01-01 Campaign Financial Disclosure Rules

Tenn. Comp. R. & Regs. 0530-01-01-.01 DEFINITIONS

(1) Campaign Account - is a separate bank account which must be maintained by a candidate or political campaign committee into which all campaign contributions shall be deposited and from which all campaign monies shall be expended.

(2) Candidate - shall include an individual who is actively waging a write-in campaign or who has authorized others to wage a write-in campaign on his/her behalf.

(3) Goods or Services Received on Credit - are those that are obtained for a campaign from a person or business where credit is extended in the ordinary course of the business and the terms are substantially similar to the extension of credit to nonpolitical debtors. “Goods or services received on credit” do not include in-kind contributions.

(4) “In-Kind Contribution” - is the provision of any goods or services to a candidate or political campaign committee without charge or at a charge which is less than the fair market value for such goods or services.

(5) Investment Accounts - are accounts such as savings, mutual funds and certificates of deposits (CDs) into which campaign funds may be held for investment purposes.

(6) “Majority Vote of the Registry Members” - means four of six of the appointed Registry members.

(7) Political Campaign Committee - includes a multicandidate political campaign committee, single-candidate political campaign committee and single-measure political campaign committee, unless reference is made to a specific type of political campaign committee.

(8) Single-Measure Political Campaign Committee - is a committee which is receiving or expending funds to support or oppose a proposal(s) submitted to the people of the entire state or any political subdivision for approval or rejection at an election. For purposes of these rules, an organization or committee that is receiving or expending funds to support or defeat an issue that is being considered by the General Assembly or by a city or county legislative body that is not yet a proposal submitted to the people for approval or rejection at an election is not a single measure political campaign committee.

History

  • Authority: T.C.A. §§ 2-10-102, 2-10-106, 2-10-107(b), 2-10-107(c), 2-10-206(a)(5), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.02 BOOKKEEPING PROCEDURES

(1) A candidate or political campaign committee shall not commingle personal funds or any other monies with campaign account funds. A candidate or political campaign committee shall not commingle personal credit transactions with credit transactions incurred for campaign purposes and/or to be paid with campaign funds.

(2) All campaign funds deposited into an investment account must come from the campaign account. All funds withdrawn from an investment account must be deposited back into the campaign account.

(3) All expenditures from campaign monies shall be made from a candidate’s or political campaign committee’s campaign account.

(4) A candidate or political campaign committee shall maintain the following financial records:

(a) A list identifying the name of each contributor, the amount of each contribution, and the date of receipt of each campaign contribution received. The list shall be able to distinguish between contributors with like names.

(b) Copies of checks, money orders, wire or account transfer statements, withdrawal statements, credit or debit statements, bank statements, vendor receipts, and other documentation directly resulting from a financial transaction involving the receipt and/or disbursement of any funds subject to disclosure under Title 2,

Chapter 10, Part 1.

(5) A candidate or political campaign committee shall maintain all accounting records and required documentation listed in paragraphs (5) and (6) for at least two (2) years after the date of the election to which the records refer or the date of the statement, whichever is later.

However, if investigative procedures or a contested case hearing have been initiated against a candidate or political campaign committee, accounting records relating to a campaign account and/or a campaign financial disclosure report must be maintained by the candidate or committee until the investigation or contested case hearing has been completed and the Registry gives approval for the records to be destroyed.

(6) A candidate or political campaign committee shall have bank account reconciliations performed for a campaign account to ensure that the bank account balances with the financial disclosure reports filed by the candidate or committee.

(7) “Best Efforts” to obtain the occupation, employer and complete address for contributors includes the following:

(a) Notifying the contributor, by first class mail and/or email, if available, that additional information concerning the contributor is required under state law.

(b) Including on a written solicitation for contributions a clear request for the contributor’s name, address, occupation and employer and by accurately stating that the information is required under state law.

(c) Notifying the contributor orally, documented in writing, that additional information concerning the contributor is required under state law. The written documentation should include the name of the person spoken to, the date of the conversation, the information provided and the telephone number, if applicable.

(8) If the occupation for any contributor is listed as “retired,” “student,” “housewife,” or “househusband” then the candidate is not required to obtain an employer.

History

  • Authority: T.C.A. §§ 2-10-105, 2-10-105(f), 2-10-107, 2-10-107(a)(2)(A)(ii), 2-10-206(a)(5), 2-10-206(5), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993. Amendments filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.03 CAMPAIGN CONTRIBUTIONS

(1) A campaign contribution is deemed to have been made by a political campaign committee and reportable in the period in which the check or other written instrument is either delivered to a candidate or political campaign committee or when postmarked/shipped for delivery (a copy of a shipping receipt must be maintained to substantiate this date). A cash campaign contribution is considered to have been made and to be reportable by a political campaign committee in the period in which the money is delivered to a candidate or political campaign committee.

(2) A campaign contribution is considered made to and reportable by a candidate or political campaign committee when the contribution is delivered to a candidate or political campaign committee, or any agent thereof.

(3) Personal funds of a candidate or any personal loan used by a candidate for routine living expenses that he or she would have incurred without candidacy, including the costs of food and residence, are not campaign contributions.

(4) A political campaign committee making an in-kind campaign contribution must notify a candidate or political campaign committee receiving the contribution of the amount and

purpose of the contribution, in writing, within five (5) business days after the in-kind contribution is made or performed.

(5) Where goods or services are provided to a candidate or political campaign committee at a charge which is less than the fair market value for such goods or services, the candidate or committee must report as an in-kind contribution the difference between the amount paid for the goods or services and the fair market value of such goods or services.

(6) Examples of in-kind contributions that are considered goods include, but are not limited to:

(a) Campaign materials, such as campaign literature, brochures, bumper stickers, campaign advertisements;

(b) Postage;

(c) Equipment and other similar supplies;

(d) Polling or survey data.

(7) Examples of in-kind contributions that are considered services include, but are not limited to:

(a) Provision of paid personnel for telephone banks and distribution of campaign materials;

(b) Consulting services.

(8) If a political campaign committee making an in-kind contribution to a candidate or political campaign committee is in a dispute with a vendor over the amount of an expense, the committee shall make a reasonable determination of the value of the in-kind contribution. The method to determine that amount shall be documented by the committee, and this documentation shall be submitted with the financial disclosure report on which the in-kind contribution is reported. Procedures set forth in the rules then should be followed for notifying the candidate or political campaign committee receiving the in-kind contribution.

History

  • Authority: T.C.A. §§ 2-10-102, 2-10-105, 2-10-105(i), 2-10-107, 2-10-107(a), 2-10-107(c), 2-10-107(d), 2-10-206(a)(5), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.04 EXPENDITURES FROM CAMPAIGN CONTRIBUTIONS

(1) An expenditure made by check or other written instrument is deemed to have been made and is reportable during the reporting period in which the check or other written instrument is written. A cash expenditure shall be deemed to be made and is reportable during the reporting period in which the money is delivered to the payee.

(2) Any disbursement of campaign funds by a candidate or political campaign committee shall be reported as an expenditure by the candidate or political campaign committee on a campaign financial disclosure statement for the proper reporting period.

(3) When providing the purpose of an expenditure or category of expenditures as required by T.C.A. § 2-10-107(a)(2)(B), a candidate or political committee shall provide a brief description of why the disbursement(s) was made. The description must clearly show that the expenditure was an allowable expense under campaign financial disclosure statutes.

Examples of descriptions which shall be considered sufficient include the following: advertising, printing, phone banks and postage. However, descriptions such as miscellaneous, campaign expenditure, other expenses, advance reimbursement, or credit card payment shall not be deemed sufficient.

(4) A candidate who is an officeholder and who has an unexpended balance of campaign contributions may expend those monies for expenses which are incidental to the candidate’s holding public office. If a candidate/officeholder incurs expenses which would exist regardless of being an officeholder, those expenses are not considered to be incidental to holding office and are not ordinary and necessary expenses incurred in connection with the office of the officeholder for purposes of T.C.A. § 2-10-114(a)(7).

(5) Whether an expenditure of campaign funds by a candidate is made for a political purpose depends upon all the facts and circumstances surrounding the expenditure. An activity engaged in between elections by a candidate which is directly related to and supports the selection, nomination or elections of that individual to public office is considered political activity. An expense which would be incurred by an individual regardless of that person’s candidacy for public office is considered an expenditure for a nonpolitical purpose under T.C.A. § 2-10-114(b) and may not be made from the individual’s campaign funds, except as set forth in T.C.A. § 2-10-114(a).

History

  • Authority: T.C.A. §§ 2-10-105, 2-10-107, 2-10-114, 2-10-115, 2-10-206(a)(5), 2-10-207, and 2-10- 207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendment: filed December 30, 1993; effective April 30, 1994. Amendments filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.05 FILING OF CAMPAIGN FINANCIAL DISCLOSURE REPORTS

(1) A report filed using the Registry’s online filing application shall be considered timely filed if the report is filed before midnight on the due date of the report.

(2) No campaign financial disclosure statement required to be filed by the Campaign Financial Disclosure Law may be filed before the day following the ending date of the reporting period by a candidate or political campaign committee such that there is a failure by the candidate or the political campaign committee to disclose the required campaign financial information for the full reporting period as required by law.

(3) A physical document delivered to the Registry office after normal business hours shall be considered filed at the beginning of the next business day. An electronic document delivered to the Registry via electronic mail or fax shall be considered filed as of the date and time reflected in the timestamp applied to the submission.

(4) When the filing deadline for any campaign financial disclosure statement falls on a weekend or a holiday, resulting in the closing of the Registry office, the disclosure statement is to be filed with the Registry by the candidate or political campaign committee on the next business day.

History

  • Authority: T.C.A. §§ 2-1-115, 2-10-104, 2-10-105, 2-10-206(a)(5), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendment filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.06 CAMPAIGN LOANS

(1) A campaign loan must be disclosed by a candidate or political campaign committee during the reporting period that the loan is made. A loan is deemed to have been made when the candidate or political campaign committee obtaining the loan receives the monies from the loan.

(2) A campaign loan must continue to be disclosed by a candidate or political campaign committee on campaign financial disclosure reports until the loan is paid back in full, or a statement has been filed with the appropriate campaign financial disclosure statement by the candidate or committee stating that the loan will not be repaid and shall be considered a contribution to the campaign.

History

  • Authority: T.C.A. §§ 2-10-106, 2-10-107(b), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993.
Tenn. Comp. R. & Regs. 0530-01-01-.07 RESPONSIBILITIES OF FILERS

(1) It is the responsibility of each candidate and political campaign committee to ensure that his/her/its mailing address and other applicable contact information (phone number, email address, etc.) is kept up to date with either the Registry of Election Finance and/or the local election commission, as applicable.

(2) It is the responsibility of each candidate and political campaign committee to accept any and all regular mail, certified mail, and/or electronic mail sent to the candidate or committee by either the Registry and/or the local election commission, as applicable, and to retrieve any and all regular mail and/or certified mail set to the candidate or committee by the Registry and/or the local election commission which is held by the postal service for final delivery.

(3) Certified mail sent to a candidate or committee by either the Registry or the local election commission shall be presumed to have been delivered upon receipt of a domestic return receipt (“green card”) from the postal service indicating delivery was accomplished, or upon electronic confirmation of delivery of the article as made available by the postal service by means of the tracking number assigned to the article on the domestic return receipt (“green card”).

(4) Regular mail sent to a candidate or committee by either the Registry or the local election commission shall be presumed to have been delivered five (5) days following the date of postmark, unless the item is returned by the postal service, absent substantial and/or documentary evidence to the contrary.

(5) Electronic mail sent to a candidate or committee by either the Registry or the local election commission shall be presumed to have been delivered on the date of transmission, absent substantial and/or documentary evidence to the contrary.

History

  • Authority: T.C.A. § 4-55-107 and Public Chapter 108 (2023), § 12.
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Repeal and new rule filed November 17, 2007; effective March 28, 2008. Repeal filed January 8, 2024; effective April 7, 2024. New rule filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.08 SINGLE MEASURE COMMITTEES

(1) Before a single measure political campaign committee may receive any contributions or make any expenditures to support or defeat a measure on a ballot, it must certify the name and address of its political treasurer, officers, and any person directly responsible for expenditures (“responsible individual”).

(2) If the post referendum campaign financial disclosure statement filed by a single measure political campaign committee shows an unexpended balance of contributions, continuing debts and obligations, or an expenditure deficit, the single measure committee shall file a biannual supplemental disclosure statement each year from the date of the post-referendum report until the campaign account shows no unexpended balance, continuing debts and obligations, or deficit.

History

  • Authority: T.C.A. §§ 2-10-105(e), 2-10-107(b), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.09 COUNTY EXECUTIVE COMMITTEES

A political party’s county executive committee acting as a political campaign committee and filing campaign financial disclosure reports does not have to disclose the receipts and expenditures used by it to perform its functions required by the state election laws, where those receipts and expenditures are separated from and maintained in a fund separate and apart from any funds used by it as a political campaign committee. If the funds are commingled, the county executive committee must report its receipts and expenditures of all funds on its campaign financial disclosure reports.

History

  • Authority: T.C.A. §§ 2-10-102 and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.10 GOODS OR SERVICES RECEIVED ON CREDIT

Goods and services received on credit which are not paid for during the reporting period for which a disclosure statement is filed must be disclosed by a candidate or political campaign committee as an outstanding obligation. All goods and services received on credit shall be itemized. The full name and complete address of each person who provided such goods and services on credit shall be disclosed, along with the total amount of goods and services provided by that person and a description of the goods and services.

History

  • Authority: T.C.A. §§ 2-10-102, 2-10-106, 2-10-107, 2-10-206(a)(5), and 2-10-207(1).
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.11 INFORMAL SHOW CAUSE HEARINGS

(1) When Registry staff presents documentation to the Registry indicating that a candidate or political campaign committee has possibly violated the Campaign Financial Disclosure Law and before the Registry takes action to assess civil penalties for a violation, the Registry shall send a written notification as required by statute to the candidate or committee of the allegations and the class and maximum amount of civil penalties which would be assessed for such a violation. This notice shall be sent by electronic mail to the electronic mailing address on file with the Registry or by regular mail to the mailing address on file with the Registry.

(2) Additionally, this notification shall inform the candidate or committee of the date, place and time of the Registry’s next regularly scheduled meeting and provide the candidate or committee the opportunity to choose one (1) of the following options:

(a) The candidate, designee of a candidate, or committee shall be provided an opportunity to personally appear before the Registry at its next regularly scheduled meeting to show why civil penalties should not be assessed; or (b) The candidate, designee of a candidate, or committee shall be provided an opportunity to submit a sworn statement to the Registry which has been sworn to before a notary public, along with any pertinent attachments, to show why civil penalties should not be assessed.

(3) The opportunity provided to a candidate, the designee of a candidate, or committee to personally appear before the Registry or to submit a sworn statement for the Registry’s consideration as to whether to assess civil penalties against the candidate or committee is not in lieu of any contested case hearing rights that the candidate or committee may have pursuant to Tennessee Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.

(4) A candidate or committee has the right to appear with legal counsel at the Registry meeting.

History

  • Authority: T.C.A. §§ 2-10-110, 2-1-207(1), and 4-55-107.
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993. Amendment filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.12 ISSUANCE AND APPEAL OF CIVIL PENALTY ASSESSMENT ORDERS

(1) A civil penalty order issued by the Registry assessing penalties against a candidate or political campaign committee cannot be issued unless a majority of the Registry members have voted that such an order be issued. Once a majority of the Registry members have voted that such an order should be issued, the chairperson or executive director shall have the authority to issue the order on behalf of the Registry.

(a) A civil penalty order assessing civil penalties shall be mailed by electronic mail, or alternatively by regular mail, pursuant to T.C.A. § 4-55-107, to the candidate or political campaign committee to whom the order is issued at the electronic mailing address on file with the Registry, or alternatively to the mailing address on file with the Registry, and the party to whom it is issued shall be provided thirty (30) days from the date of the issuance of the order to either appeal the Registry’s order pursuant to the procedures provided for under Tennessee’s Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq., or to pay the assessed penalties to the Registry.

(b) If a civil penalty assessment order is unable to be delivered by electronic mail, as demonstrated by substantial and/or documentary evidence, then the order shall be reissued and mailed by the Registry by regular mail delivery to the candidate or political campaign committee at the mailing address on file with the Registry.

The candidate or committee shall then have thirty (30) days from the date of the reissuance of the order to either appeal the Registry’s order pursuant to procedures provided under the Uniform Administrative Procedures Act, compiled in T.C.A., Title 4, Chapter 5, Part 3, or to pay the assessed penalties to the Registry.

(2) In order for a candidate or a political campaign committee to appeal an order issued by the Registry assessing civil penalties, the candidate or political campaign committee shall file a petition with the Registry. This petition shall be considered a request for a contested case hearing pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.

(3) If the Registry’s order assessing civil penalties is not appealed within thirty (30) days of its issuance by the candidate or political campaign committee to whom it was issued, the order becomes a final order.

(4) If a candidate or political campaign committee fails to either appeal a civil penalty order issued to it by the Registry or to pay the Registry the assessed penalties and the Registry’s order becomes final without the party taking any such action, upon the order becoming final, the Registry shall forward the matter to the State Attorney General and Reporter’s office. The Registry shall request that the Attorney General take legal action on its behalf to collect the civil penalties from the candidate or committee against whom the action has been taken.

(5) In order to prevail on appeal, the burden of proof rests with the candidate or political campaign committee requesting appeal to establish the following, as applicable:

(a) That all contributions, in-kind contributions, expenditures, independent expenditures, and obligations were properly reported and were allowable under law;

(b) That all campaign financial disclosure reports, or any other filing required to be filed with the Registry, were timely filed;

(c) That all corrections to submitted campaign financial disclosure reports, or any other filing required to be filed with the Registry, were timely submitted; and/or, (d) That a factual and/or legal basis exists, which was not considered by the Registry when assessing the civil penalty, to warrant the modification or withdrawal of the assessed civil penalties.

History

  • Authority: T.C.A. §§ 2-10-110, 2-10-207(1), and 4-55-107.
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.13 RECONSIDERATION OF THE ISSUANCE OF CIVIL PENALTY ASSESSMENT

ORDERS.

(1) If a candidate or political campaign committee against whom a civil penalty assessment order has been issued by the Registry wishes to request that the Registry reconsider the matter, the candidate or committee must follow these procedures to have the Registry consider the request:

(a) The candidate or committee must file a written request with the Registry asking that the assessment of civil penalties against the candidate or committee be reconsidered by the Registry. The written request for reconsideration must be filed with the Registry within fifteen (15) days of the date of the issuance of the Registry’s order assessing civil penalties. A petition for reconsideration of a final order that has become a final order pursuant to Rule 0530-01-01-.12(4) when no party timely filed a petition for reconsideration of an initial order or when the petition for reconsideration of an initial order was denied is not permitted.

(b) For a written request for reconsideration to be considered by the Registry, the candidate or committee must include additional information concerning the matter that was not available for the Registry’s consideration at its meeting at which the civil penalty order was issued by the Registry. If no additional information is included in the request for reconsideration, the Registry may choose not to reconsider the matter. It is the responsibility of the candidate or committee requesting reconsideration to provide information to the Registry which demonstrates that reconsideration is warranted.

(c) While a request for reconsideration of a civil penalty order by a candidate or political campaign committee is pending before the Registry, the Registry’s order assessing penalties does not become final until a determination is made by the Registry as to the request for reconsideration.

(2) Upon a vote of a majority of the Registry members to deny a candidate or political campaign committee’s request for reconsideration of any civil penalty assessment order, the Registry shall issue an order by electronic mail at the electronic mailing address on file with the Registry, or alternatively, by regular mail at the mailing address on file with the Registry, denying the request and providing the candidate or committee ten (10) days after the date of the issuance of the order to appeal the original assessment order under the Tennessee Administrative Procedures Act before the order becomes a final order.

History

  • Authority: T.C.A. §§ 2-10-110, 2-10-207(1), and 4-55-107.
  • Administrative History: Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.14 ISSUANCE OF ADVISORY OPINIONS BY THE REGISTRY

(1) A candidate or committee may submit to the Registry a written request for an advisory opinion as to the application of the Campaign Financial Disclosure Law. In submitting such a request, the candidate or committee shall include a complete description of all facts relevant to the specific transaction or activity which is the subject of the opinion request.

(2) After reviewing a request for an advisory opinion and if the Registry staff determines that more information from the candidate is necessary in order for the Registry to properly respond to the request, the staff shall notify the candidate of the additional information which should be submitted to the Registry.

(3) If the Registry staff determines that an advisory opinion request contains a complete description of the proposed transaction or activity, the staff shall notify the candidate or committee making the request that it was received by the Registry and that the matter shall be presented by the staff to the board at its next scheduled meeting for an advisory opinion to be issued.

(4) After reviewing a candidate or committee’s advisory opinion request and upon determining that the request presents essentially the same fact situation or proposed activity which was the subject of an advisory opinion previously issued by the Registry, the staff may recommend to the board at its next regularly scheduled meeting that a copy of that earlier opinion be sent to the candidate or committee, in lieu of issuing a new opinion. If a majority of the members of the Registry present and voting at the meeting vote to adopt the staff’s recommendation, a copy of the previous opinion shall be sent to the candidate or committee with a memorandum explaining that the analysis and conclusion(s) contained in that previous opinion are applicable to the activity being proposed by the candidate or committee.

However, if a majority of the Registry members present and voting at the meeting determine that a new advisory opinion should be issued addressing the candidate or committee’s opinion request, the procedures outlined in paragraph (5) through (8) of this rule shall be followed in issuing the opinion, where applicable.

(5) The Registry staff shall review the question presented in the candidate’s request and research the applicable provisions of the Campaign Disclosure Law. A draft of an advisory opinion shall be presented to the members of the Registry at the board’s next meeting, with a recommendation from the staff. After reviewing the draft, the members of the Registry shall then vote as to whether to issue the opinion as drafted.

(6) If a majority of the members of the Registry vote to issue an advisory opinion as drafted by the staff, the advisory opinion shall be issued under the signature of the chairperson. The opinion shall be provided to the candidate or committee who requested it and posted on the Registry’s website.

(7) If a majority of the members of the Registry vote not to adopt an opinion as drafted, any board recommended changes shall be made in the opinion by the staff. If the changes voted by the board are minor changes, the staff shall be directed to make those specific changes, and the opinion shall be issued under the signature of the chairperson without further review by the board. The procedures for disseminating the advisory opinion as set forth in paragraph (6) shall then be followed.

(8) If a majority of the Registry members vote changes to be made to a draft advisory opinion which require the staff to rewrite the opinion with a different result, the Executive Director shall provide another draft of the opinion to the board members at the next scheduled meeting of the Registry.

History

  • Authority: T.C.A. §§ 2-10-207(1) and 2-10-207(3).
  • Administrative History: Original rule filed December 30, 1993; effective April 30, 1994. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-01-.15 LOCAL ELECTION REPORTING

(1) Each county election commission shall notify the Registry of each local election held in their county at the same time that public notice is posted.

(2) On a form prescribed by the Registry, the notice of election from the county election commission shall provide the Registry with the following information for each local election to be held: county, city (if applicable), qualifying deadline, date of election and offices on the ballot. The form shall be signed by an official from the county election commission.

(3) For each campaign financial disclosure report required to be filed by a local candidate, the county election commission shall, on a form prescribed by the Registry, certify that all candidates have filed the report timely or provide a list of candidates that have failed to timely file the report. The form shall be signed by an official from the county election commission.

(4) For each candidate listed by the county election commission as failing to timely file a report, the county election commission shall provide the Registry with a copy of the original notification letter and a copy of the assessment letter issued to the candidate. If the county election commission has any substantial reason to believe that the assessment letter issued to the candidate was not delivered, whether by electronic mail or regular mail, the election commission shall notify the Registry and re-issue the assessment letter. The local election commission shall then notify the Registry of whether the candidate timely files the missing report.

History

  • Authority: T.C.A. §§ 2-10-111 and 2-10-207(1).
  • Administrative History: Original rule filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.

Chapter 0530-01-02 Repealed

Tenn. Comp. R. & Regs. 0530-01-02 Repealed

RULES

OF THE

TENNESSEE REGISTRY OF ELECTION FINANCE -- 1 of 1 --

Chapter 0530-01-03 Campaign Finance Rules

Tenn. Comp. R. & Regs. 0530-01-03-.01 ELECTIONS

(1) A primary election, general election, run-off election or special election is each considered a separate election with separate contribution limits.

History

  • Authority: T.C.A. §§ 2-10-102(4), 2-10-207(1), 2-10-302, and 2-10-306(a).
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001.
Tenn. Comp. R. & Regs. 0530-01-03-.02 CAMPAIGN CONTRIBUTIONS

(1) Contributions from a candidate’s family members are subject to the same dollar limitations as contributions from any other individual.

(2) A child under eighteen (18) years of age may make contributions from monies he/she owns or controls if the child knowingly and voluntarily makes such contributions. Children may not use funds provided as a gift to them for the purpose of making a contribution.

(3) If a person is a candidate for more than one state or local office, an individual or political campaign committee may make contributions which do not exceed the dollar limits as set forth in T.C.A. §§ 2-10-302 and 2-10-306, to the candidate or his/her authorized political committees for each election for each office, as long as:

(a) Separate campaign bank accounts are maintained for each campaign.

(b) Each campaign shall have different and distinct campaign names (i.e., John Doe for State Senate and John Doe for Property Assessor).

(c) Separate contribution checks must be written to each separate campaign.

(4) A candidate who accepts contributions for an election in a particular election year may not accept contributions for the same office in any future election year until the completion of all elections in which the candidate is involved in the present election year. (i.e., an individual who is a candidate in a 2000 election cannot collect monies for the 2002 elections for the same office until all the 2000 elections in which the person is a candidate have been completed.)

History

  • Authority: T.C.A. §§ 2-10-206(a)(5), 2-10-207(1), 2-10-302(a), and 2-10-309.
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001. Amendment filed November 17, 2007; effective March 28, 2008. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-03-.03 ATTRIBUTION OF CAMPAIGN CONTRIBUTIONS

(1) A candidate’s campaign financial disclosure report must disclose the particular election for which each itemized contribution is allocated. The Registry staff will return a campaign financial disclosure report to a candidate for such designations if the allocations are not indicated on the report.

(2) A candidate who has outstanding loans and/or obligations from a previous election cycle may accept contributions in the current election to apply to the loans of the previous election.

However, these contributions count towards the current election campaign contribution limits whether they are used to pay off the previous campaign loans and/or obligations or used in the current election campaign.

(3) Contributions made by written instrument, such as a check, shall be attributed to the payor of the instrument, unless otherwise indicated.

(4) Any reduction in the unpaid balance of a loan shall reduce proportionally the amount endorsed or guaranteed by each endorser or guarantor. Once the loan is repaid in full, the guarantee or endorsement no longer counts against such guarantor’s or endorser’s contribution limits.

History

  • Authority: T.C.A. §§ 2-10-112, 2-10-207(1), 2-10-304(b), and 2-10-309.
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001. Amendment filed November 17, 2007; effective March 28, 2008.
Tenn. Comp. R. & Regs. 0530-01-03-.04 CERTIFICATION OF POLITICAL TREASURER

(1) Each candidate shall certify the name, email address, and mailing address of the candidate’s political treasurer, or of the treasurer of such candidate’s authorized political campaign committee, to the Registry of Election Finance or the county election commission, where appropriate, before the candidate or such candidate’s committee may receive a contribution or make an expenditure in a state or local election. A statement certifying a candidate’s treasurer must contain the office the candidate is seeking and the year of the election. A state public officeholder shall also certify the name, email address, and mailing address of the officeholder’s political treasurer, or of the treasurer of such officeholder’s authorized political campaign committee, before the officeholder or such officeholder’s political campaign committee may accept a contribution to defray the expenses incurred in connection with the performance of the officeholder’s duties or responsibilities, and a local officeholder shall so certify the name and address of such officeholder’s treasurer to the appropriate county election commission.

(2) After a candidate completes his/her last election in an election year, a candidate must file an “Appointment of Political Treasurer’s Statement” to certify the name of the campaign treasurer with the Registry and/or local county election commission, as appropriate, before the candidate may receive any additional contributions for a future election. The candidate may utilize the same individual as political treasurer that has been used in a past election cycle, but the new designation of treasurer must be filed.

(3) Each political campaign committee shall certify the name, email address, and mailing address of the committee’s responsible individual, treasurer, and officers to the Registry of Election Finance before the committee may receive a contribution or make an expenditure in a state or local election. Each political campaign committee must identify at least one (1) officer, not including the treasurer of such committee, and must identify at least one (1) responsible individual. Each political campaign committee must also submit proof of identification for each responsible individual, treasurer, and officer before the committee may receive a contribution or make an expenditure in a state or local election.

(a) A “responsible individual” is defined as any person who directly controls expenditures for the committee and includes any individual who, on their own authority, is authorized to make expenditures on behalf of the committee.

(b) After a political campaign committee submits evidence of identification, if the committee designates a new person as a responsible individual, treasurer, or officer, then the committee shall submit evidence of identification for such person within thirty (30) days of the designation.

(c) “Evidence of identification” includes any document identified by T.C.A. § 2-7-112(c), including a Tennessee driver’s license, a valid identification card issued by the State of Tennessee or the United States (provided that such identification includes a photograph of the individual), a valid identification card issued pursuant to T.C.A. § 55- 50-336 (photo identification licenses), a valid U.S. Passport, a valid employee identification card issued by the State of Tennessee or the United States (provided that such identification includes a photograph of the individual), a valid U.S. military identification card, an employee identification card for retired state employees authorized pursuant to T.C.A. § 8-50-118, or any other equivalent identification issued by another state of the United States.

History

  • Authority: T.C.A. §§ 2-10-105 and 2-10-207(1).
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-03-.05 BOOKKEEPING PROCEDURES

(1) A candidate must adopt a record-keeping system to distinguish between contributions made for a primary election and those made for a general election. Contributions received for a general election may not be spent in the preceding primary election, but any funds remaining from a primary election may be used in a subsequent general election.

(2) A candidate through his/her record-keeping system must be able to determine the aggregate amount of contributions received per election from each contributor.

(3) A candidate must have a bookkeeping system in place documenting contributions and expenditures. The Registry recommends that candidates and their committees maintain copies of all contributions received or in the alternative a journal or listing of contributions and expenditures.

History

  • Authority: T.C.A. §§ 2-10-105(f), 2-10-206(5), and 2-10-207(1).
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001.
Tenn. Comp. R. & Regs. 0530-01-03-.06 DISCLOSURE OF AFFILIATION OF POLITICAL CAMPAIGN COMMITTEES (PACS)

(1) When registering as a political campaign committee, a committee must disclose its affiliation with any other committee(s) and provide the names and addresses of such committee(s).

Such affiliations must be disclosed on the committee’s appointment of political treasurer statement. A committee must notify the Registry if it later becomes affiliated with any other committee(s) and provide the names and addresses of such committee(s) within thirty (30) days of the affiliation occurring.

History

  • Authority: T.C.A. §§ 2-10-102, 2-10-207(1), and 2-10-303(4).
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-03-.07 INDEPENDENT CAMPAIGN EXPENDITURES

(1) “Independent expenditure” means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate which is not made with the cooperation or with the prior consent of, or in consultation with, or at the request of, or suggestion of, a candidate or any agent or authorized committee of such candidate.

(2) “Expressly advocating” means any communication containing a message advocating election or defeat, including, but not limited to, the name of the candidate, or expressions such as “vote for,” “elect,” “support,” “cast your ballot for,” or “vote against,” “defeat” or “reject.”

(3) “Clearly identified candidate” means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous reference.

(4) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate” means:

(a) Any arrangement, coordination, or direction by the candidate or his/her agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure will be presumed to be so made when it is:

  1. Based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by the candidate’s agent(s), with a view toward having an expenditure made; or 2. Made by or through any person who is, or has been, authorized to raise or expend funds, who is, or has been, an officer of any authorized committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate, the candidate’s committee or agent.

(5) “Agent” means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or means any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures.

(6) An expenditure not qualifying under this section as an independent expenditure shall be an in-kind contribution to the candidate.

(7) No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.

(8) Every political campaign committee, which makes independent expenditures, shall report all such expenditures on campaign disclosure reporting forms pursuant to T.C.A. § 2-1-105(d).

Independent expenditures totaling more than $100 to a single payee during a reporting period made to support or oppose a clearly identified candidate shall be itemized, disclosing the name and address of the payee, the purpose, date and amount of the expenditure and the office sought by the candidate. Those independent expenditures totaling $100 or less to a single payee during a reporting period shall be reported as a total by categories.

History

  • Authority: T.C.A. §§ 2-10-105(d), 2-10-107(c) and (d), 2-10-207(1), and 2-10-303(5).
  • Administrative History: Original rule filed August 29, 2001; effective December 28, 2001. Amendments filed August 19, 2025; effective November 17, 2025.
Tenn. Comp. R. & Regs. 0530-01-03-.08 USE OF A CONDUIT

(1) In determining whether a person(s) is using directly or indirectly a committee, group or other organization as a conduit or intermediary to make a campaign contribution in violation of T.C.A. § 2-10-303(3), the Registry of Election Finance, in its discretion, may consider any or all of the following factors. The Registry is not limited to these factors, however, and any additional relevant information may be received and considered as to whether a contribution was made directly or indirectly using a conduit or intermediary in violation of T.C.A. § 2-10- 303(3).

(a) Contributions 1. All contribution(s) received by the committee or organization came from a single source.

  1. The percentage of contributions received by the committee or organization from a single source.

  2. The number of contributors to the committee or organization.

  3. Whether an individual contributor, who has reached the individual limit on contributions to a particular candidate, has made a contribution(s) to a committee or organization, that, within a ninety (90) day period of receiving such contribution(s), makes an expenditure to the same candidate.

  4. The contribution history of the contributor to the committee or organization.

  5. The relationship between the contributor(s) to the committee or organization and the officials of the committee or organization.

  6. The affiliations, relationships or connections between the committee or organization and other committees and organizations.

(b) Expenditures 1. The percentage of available funds given by the committee or organization to a single candidate.

  1. The number of expenditures made by the committee or organization to candidates.

  2. The history of the committee or organization in making expenditures.

  3. Whether multiple expenditures were made to a single candidate in an election cycle.

(c) Timing 1. The time frame of contributions received by the committee or organization.

  1. The time frame of expenditures made by the committee or organization.

  2. The length of time the committee or organization has been active.

  3. The timing of the relationship between contributions received by a committee or organization and expenditures made to candidates.

(2) There shall be a rebuttable presumption that a committee or organization is acting as a conduit or intermediary for purposes of T.C.A. § 2-10-303(3) if:

(a) The committee or organization has fewer than three (3) contributors;

(b) These contributors provide seventy-five percent (75%) or more of the committee’s or organization’s total contributions within a ninety (90) day period; and (c) Seventy-five percent (75%) or more of the committee’s or organization’s political contribution expenditure(s) are to a single candidate or committee within a ninety (90) day period; provided, however, that this rebuttable presumption shall not apply to a committee or organization making less than $7,500 in political contribution expenditures in any given calendar year.

History

  • Authority: T.C.A. §§ 2-10-207(1) and 2-10-303(3).
  • Administrative History: Original rule filed February 27, 2004; effective June 28, 2004.
Tenn. Comp. R. & Regs. 0530-01-03-.09 ADMINISTRATIVE TERMINATION OF A POLITICAL CAMPAIGN COMMITTEE’S

REGISTRATION.

(1) The Registry of Election Finance may administratively terminate the registration of a candidate or political campaign committee upon the occurrence of any of the following events:

(a) A candidate or committee fails to file quarterly or supplemental reports for two (2) straight reporting periods.

(b) The electronic mail address or mailing address on file with the Registry of Election Finance for the candidate or committee is no longer active and no forwarding electronic mail or mailing address is available.

(c) The candidate or committee has been assessed and not paid a civil penalty within ninety (90) days of its becoming final.

(2) The Registry of Election Finance shall send notice to the candidate or committee of the Registry’s intent to administratively terminate the committee’s registration. To object to the proposed termination, the candidate or committee, or a person authorized to act on behalf of the committee, shall respond to the Registry in writing within thirty (30) days of the date of this notice. If the Registry receives no response by the end of the thirty (30) day period, the candidate or committee’s registration will be administratively terminated and the committee shall no longer be permitted to avail itself of the higher contribution limits conferred by law on political campaign committees.

(3) A candidate or committee that has been administratively terminated may reinstate its registration by performing all of the following actions, if applicable:

(a) Filing the reports for the periods that were the basis of the prior termination;

(b) Paying any and all civil penalties that may have been imposed by the Registry, as well as any accrued interest and other costs, including but not limited to, any court costs;

(c) Providing the correct current mailing address, street address, electronic mail, and telephone number for the candidate or committee; committees shall also provide the current mailing address, electronic mail address, and telephone number for the committee’s responsible individual(s) and the officers of the committee; and (d) Performing such other steps as may be reasonably required by the Registry pursuant to law.

History

  • Authority: T.C.A. §§ 2-10-102, 2-10-105, 2-10-207(1), and 2-10-110.
  • Administrative History: Original rule filed February 27, 2004; effective June 28, 2004. Amendments filed August 19, 2025; effective November 17, 2025.

Chapter 0530-02-01 Repealed

Tenn. Comp. R. & Regs. 0530-02-01-.01 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.09 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.02 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.03 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Rule expired pursuant to Public Chapter 433 of the 100th General Assembly; effective July 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.04 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.05 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.06 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.07 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.
Tenn. Comp. R. & Regs. 0530-02-01-.08 REPEALED

History

  • Authority: T.C.A. § 2-10-107(1) and Acts of 2006, Public Chapter 1.
  • Administrative History: Original rule filed October 18, 1996; effective January 1, 1997. Stay of effective date filed December 19, 1996; effective February 1, 1997. Amendment repealed February 23, 2007; effective June 28, 2007.

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