House Elections Committee approves opt‑in rule, penalties for recurring political donations in committee substitute for HB 1788

The House Committee on Elections on Jan. 27 approved a committee substitute for House Bill 1788 that would require donors to opt in to recurring political contributions, add a disclaimer for any companies that take part of the donation and authorize penalties enforced by the ethics commission.

Representative Murphy, the bill sponsor, told the committee the substitute incorporated suggestions from colleagues and from an out‑of‑state example. "We had a great, hearing on this bill, last week," Murphy said, and described changes that moved the measure from a temporary moratorium to an opt‑in model and added a clause "that if somebody opts into to recurring donation that it will end at the time of the election." He also said, "We also put in a penalty clause that said if they violate this that the ethics committee can, commission can, fine them up to a 100 times the amount that they collected illegally."

Members raised a question about whether the substitute's ending language — tied to "the election at which the candidate or issue appeared on the ballot" — would leave recurring donations to political parties running indefinitely when there is no discrete election for a party. Representative Smith asked for clarification: "Now, but did you also say that it stops after the election, after the general?" Murphy acknowledged ambiguity and said he would review the language before the bill reaches the floor.

Committee members also discussed whether parties must register as committees with the ethics commission and whether that registration would affect how the cutoff language applies; Murphy said he would look into that issue as well. Representative Woods said the opt‑in requirement was important to prevent manipulation and confusion over long‑term, recurring charges.

Chair Reid offered an amendment (numbered ending in 0.01h) to clarify the language for the primary/general situation. Murphy said the amendment "just makes it more clear" that recurring donations can continue through the general election if a candidate who received recurring donations wins a primary. The committee adopted the amendment by voice vote and rolled it into a new committee substitute.

The committee then voted the committee substitute do‑pass. The clerk recorded 12 ayes, 0 noes and 1 present, moving the bill out of committee with a positive recommendation. The committee adjourned after the vote.

What happens next: The bill, as a committee substitute, is slated to move to the House floor calendar; Representative Murphy said he would clarify the party/committee language before floor consideration.