Campaign finance law 2002 a summary of State Campaign Finance Laws With Quick Reference Charts Authors



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CAMPAIGN FINANCE LAW 2002

A Summary of State Campaign Finance Laws
With Quick Reference Charts


Authors: Edward D. Feigenbaum, J.D.
James A. Palmer, J.D.
INGroup
P.O. Box 383
Noblesville, IN 46061

Publisher: Federal Election Commission
999 E Street, NW
Washington, DC 20463


INTRODUCTION
Campaign finance laws are a continuing development on the American legislative scene, subject to frequent revisions and amendments designed to fine tune them.
In order to stay abreast of the campaign finance laws of the States and U.S. Territories, the Federal Election Commission issues this volume entitled Campaign Finance Law every two years as an updated outline summary of the laws.
This publication is intended only as a general reference tool. No decision regarding campaign finance issues should be made solely on the basis of the summary information found in this publication.  Rather, one should undertake a careful review of the appropriate election laws and consultation with the appropriate State campaign finance law agency prior to making a decision. To that end, citations to the various State codes and contact information for the responsible State agencies are provided in the charts and text.
It is hoped that this publication is useful to readers seeking information on State campaign finance laws. Comments should be directed to the Public Disclosure Division, Federal Election Commission, 999 E Street, NW, Washington, DC 20463. The telephone numbers are 202/694-1120 and toll-free, 800/424-9530 (option 3).
Those interested in Federal campaign finance laws, and their relationship to State provisions, should contact the Commission's Information Division at 202/694-1100 or toll-free at 800/424-9530.

ACKNOWLEDGEMENTS
Campaign Finance Law 2002 was produced by INGroup under contract with the Federal Election Commission. Patricia Young, Director of the FEC's Public Disclosure Division, served as the contract technical manager for the development of this publication, and provided invaluable guidance, aid, and motivation through this endeavor, Campaign Finance Law 2000, and Campaign Finance Law 1998, as did William C. Kimberling, Deputy Director of the FEC's Office of Election Administration for most of this volume's predecessors, Campaign Finance Law 1996, Campaign Finance Law 1994, and Campaign Finance Law 1992, also produced by INGroup, and Campaign Finance Law 1990, Campaign Finance Law 1988, Campaign Finance Law 1986, and Campaign Finance Law 1984, which were produced by Instructional Systems Corporation (formerly D.T. Skelton Service Associates, Inc.) using the same core project staff members. David T. Skelton, Esq., President of Instructional Systems Corporation, served as overall coordinator for the 1984-90 publications, and ensured that the products were produced according to contract requirements within the allotted funding.
In addition to Ms. Young, the authors wish to thank the many individuals whose support and assistance were crucial to the successful completion of Campaign Finance Law 2002. Most of the state agencies responsible for the administration and enforcement of state-level campaign finance laws responded to written and telephone requests for assistance by both the Federal Election Commission and the INGroup, and provided copies of state laws and regulations, key court decisions, attorney general and other state agency advisory opinions and interpretations, reporting forms, guidance and compliance manuals, and reviewed and commented on the currency and accuracy of the state law summaries and quick reference chart entries in the Campaign Finance Law reports. Without access to this information and wisdom, this volume and its predecessors would not be as complete and accurate as they are.
No publication can be prepared without the behind-the-scenes efforts of a capable support staff. The project word-processing staff worked diligently and skillfully under considerable pressure to produce these reports and deserve special praise: Joan Zielinski, Debbie Weidner, Jan Potter, and Judy Deckard on Campaign Finance Law 84; Steffanie Curry, Jean Murphy, Mary Uland, Debbie Weidner, and Cathy Phelps on Campaign Finance Law 86; Steffanie Curry, Tammy Anderson, and Frances Kelly on Campaign Finance Law 88; and Heather Thummel, Cathy Patton, and Paige Palmer provided key support in the preparation of Campaign Finance Law 90. Production of much of the 1994 volume relied heavily on the talents of Rebecca Snedegar, while the 1998, 2000, and 2002 volumes owe much to the help of Mila Norman. Proofreaders were Phil Cornwell and Scott Sauer for the 1984 report, and Joni Shepherd for the 1986 and 1988 updates. Pat Pridemore exhibited considerable dexterity in copy reproduction for the 1984 and 1986 reports. Tom Parsley was equally proficient during the preparation of the 1988 report, and Dale Staton and Chad Sweatman came through in the clutch for the 1990 version. Special thanks to Hal Hatch at Insoft, Inc., for assistance in the production of the tables in the 1992 volume. David Ashley Andrews, Esq. was a key player in the completion of Campaign Finance Law 92. Jeffrey B. Jackson, Esq. was a significant contributor to 25 of the 1996 summaries with his legal research and preliminary redrafts. Lou Bubala and Heather Myers of INGroup were instrumental in coordinating the information collection in 1998, as was Mr. Bubala in 2000. We thank them all.
Edward D. Feigenbaum, J.D.

James A. Palmer, J.D.



TABLE OF CONTENTS

Part I: Quick Reference Charts


Chart 1: Campaign Finance Report Filing Requirements
Chart 2-A: Contribution and Solicitation Limitations
Chart 2-B: Contribution and Solicitation Limitations
Chart 3-A: Expenditure Limitations
Chart 3-B: Expenditure Limitations
Chart 4: States With Special Tax or Public Financing Provisions
Part II: Summaries of State Campaign Finance Laws (in alphabetical order by state)

PART I
QUICK REFERENCE CHARTS



PART I
QUICK REFERENCE CHARTS
Quick reference charts are presented in this part of the report and provide a convenient summary of the major provisions of state law concerning campaign finance report filing requirements; contribution, solicitation, and expenditure limitations; and public financing and special tax provisions in effect through December 31, 2001. More complete and detailed information on these topics for each jurisdiction is in Part II: Summaries of State Campaign Finance Law.


  • Chart 1: Campaign Finance Report Filing Requirements. This chart presents information on campaign finance reporting requirements in each jurisdiction, with an emphasis on the requirements for reporting or disclosing campaign-related contributions and expenditures. The chart identifies who is required to report ("required from"); the general contents ("contents"); the time or schedule for filing the reports ("time due"); the office or officer with whom the reports are required to be filed ("filing officer"); additional campaign finance-related reports that are required to be filed, such as a statement of organization or registration statement, the designation of a campaign depository, campaign treasurer, or principal campaign committee ("other reports or statements"); and the state agencies responsible for the administration and enforcement of the campaign finance law in a jurisdiction ("responsible state agency").




  • Charts 2-A and 2-B: Contribution and Solicitation Limitations. These charts summarize the state law provisions concerning limitations on contributions and the solicitation of contributions.  Contribution limitation information includes the restrictions on contributions to particular recipients (e.g., candidates and political committees), in particular types of campaigns or elections (e.g., primary or general election) made by the particular types of contributors: individuals, candidates, family members of candidates, corporations, labor unions, political action committees, regulated industries, governmental officers and employees, and political parties. Special restrictions on particular methods of making contributions are presented: cash contributions, anonymous contributions, and contributions made in the name of another. Limitations on solicitation by governmental officers and employees are also noted. This volume also includes a summary of provisions related to contributions and solicitations during legislative sessions. A final category of "other restrictions" summarizes any special requirements concerning contributions not listed in any other category.




  • Charts 3-A and 3-B: Expenditure Limitations. These charts summarize the major provisions concerning election campaign-related expenditures, including identification of the individuals who may authorize expenditures, the permissible amount of expenditures, and any restrictions on when expenditures may be made, as well as related reporting or filing requirements. The authorized uses for which expenditures may be made, including the personal use of a candidate, the candidate's family, or others, transfer to other political committees, investment of campaign contributions and funds, and election day expenses are arrayed. The law on alternative methods for making expenditures, such as by cash payment or credit card, are also presented. A final category of "other restrictions" summarizes any special requirements concerning expenditures that are not listed in any other category.




  • Chart 4: States With Special Tax or Public Financing Provisions. This chart identifies those jurisdictions providing special treatment for political contributions or incentives for such contributions through the personal income taxation process or having special provisions for the public financing or funding of designated candidates or political parties. The special tax provisions included are those permitting an income tax credit or deduction for political contributions, a voluntary checkoff or designation of income tax payment or liability for use in public financing of election campaigns, and a voluntary surcharge or increase in taxpayer liability for use in campaign financing. Additional information is provided on the sources of funds for public financing and the distribution of those funds to eligible recipients.


CHART 1: CAMPAIGN FINANCE REPORT FILING REQUIREMENTS




STATE



REQUIRED FROM



CONTENTS



DATE DUE


FILING OFFICER AND AVAILABILITY


OTHER REPORTS

OR STATEMENTS


RESPONSIBLE

STATE AGENCY

Alabama

Political committees whose major purpose is to engage in election activity

Information on all contributions and expenditures


45 days before and between 10 and 5 days before an election; annually on January 31


Secretary of State: for statewide and judicial offices, state senate, house of representatives, and district attorney


Judge of probate in county of candidate’s residence: for county and local offices
State Ethics Comm’n: Statement of economic interests

Designation of committee; statement of economic interests


Secretary of State


State Capitol Bldg.

P.O. Box 5616

Montgomery, AL

36103-5616


334/242-7210

334/242-2444 FAX


www.sos.state.al.us/

election/election.htm


alavoter@alalinc.net

Alaska

State candidates, municipal candidates, and political groups in municipalities of more than 1,000 residents; an individual, group, or person making an independent expenditure; individuals contributing$500 to any group or candidate

Information on all contributions and expenditures.


All contributions of more than $100 and all expenditures must be itemized. Contributors of more than $500 must itemize the contributions and make certain statements.

30 days and one week before election; 10 days after election; and annually on February 15 for contributions/expenditures not reported the prior year.


Contributions exceeding $250 made within nine days before election must be reported within 24 hours.

Alaska Public Offices Commission


The state has a voluntary electronic filing system

Registration of groups


Letter of intent
Appointments of treasurers
Exemptions of candidates not intending to raise or spend more than $2,500 in a calendar year
Candidate reimbursement notification

Alaska Public Offices Commission


2221 E. Northern

Lights Boulevard

Room 128

Anchorage, AK 99508


907/276-4176

907/276-7018 FAX


www.state.ak.us/apoc

American Samoa


Candidates, committees, and parties


Aggregate sum of all contributions received; name and address of donors of aggregate of $100 or more, and amount and date of deposit; all expenditures made, incurred, or authorized, and name and address of each payee and amount, date and purpose of each expenditure; current statement of balance or deficit


Organizational report: not later than the earliest of on or before day of filing for nomination or election; at least 45 days before the general or special election; or by the 10th day after receiving contributions aggregating $100 or more or making or incurring a reportable expenditure


Preliminary report: 15th calendar day before election or primary
Final report: 20th calendar day after general, special, or runoff election
Deficit reports: 5th day after last day of election year and every three months thereafter until no deficit

Campaign Spending Commission


Organizational statement


Campaign Spending Commission


P.O. Box 3970

Pago Pago, AS 96799


684/633-2522

684/633-7116 FAX


Arizona

Candidates and political committees

Information on all loans, contributions, and expenditures.


All contributions of more than $25 and all expenditures must be itemized.
Detailed information on contributors using “best efforts.”

In regular election year, June 30 report for period from January 1 through May 31; pre-election report not less than 12 days before the election, complete through 20 days before election; post-election report due 30 days after the election, complete through 20 days after the election.


In other years, a report is filed by January 31 covering activity from 21 days after last general election to December 31 of next (non-election) year.

Secretary of State: for state offices and state measures (including state legislature)


Clerk of board of supervisors: for local judges seeking retention and county offices
City or town clerk: for city or town offices or measures

Termination statements; notice of intent to use large amounts of personal funds; independent expenditure reports; designation of depositories; special information on loans; reports from FEC or other states for certain out-of-state committees; affidavit of no activity; late contribution reports from ballot question committees; special reports from participating and non-participating clean elections candidates


Secretary of State


State Capitol West Wing

1700 W. Washington

Phoenix, AZ 85007
602/542-8683

602/542-6172 FAX


www.sosaz.com
elections@mail.sosaz.

Com
Citizens Clean Election Commission


4001 N. 3rd St., Suite 200

Phoenix, AZ 85012


602/200-0013

602/200-8670 FAX

877/631-8891
www.ccec.state.az.us

Arkansas

Candidates whose cumulative contributions exceed $500; exploratory committees; approved political action committees; independent expenditure committees;

Information on all contributions and expenditures.


Contributions and expenditures in excess of $50 must be itemized
special itemization required for credit card expenditures

Generally, a monthly report due within 15 days after the end of each month; pre-election report due 7 days before any election; final monthly report 30 days after the end of the month in which the election is held; other reporting dates for non-candidate committees.


Secretary of State and county clerk of county where candidate resides


Special reports regarding surplus and carryover funds; report by state entities spending more than $100 of public funds on referenda


Secretary of State

256 State Capitol

Little Rock, AR

72201-1094
501/682-3476

800/482-1127


Arkansas Ethics

Commission

910 W. Second Suite 100

Little Rock, AR 72201


501/324-9600

501/324-9606 FAX


www.ArkansasEthics.

com
ContactUs@Arkansas

Ethics.com

California


Candidates, committees, and elected officeholders. Short forms may be used by candidates and officeholders who raise and spend less than $1,000 in a calendar year. There are three types of committees:


(1) recipient committees, which receive $1,000 or more in contributions in a year;
(2) independent expenditure committees, which make independent expenditures of $1,000 or more in a year; and,
(3) major donor committees, which make contributions of $10,000 or more in a year.
Certain non-committee contributors of $5,000 are required to file reports.
State candidates and ballot measure committees receiving contributions of $1,000 during the 90-day period before an election; committees, including political party committees, that make independent expenditures of $1,000 or more during the 90-day period before an election

Information on all contributions and expenditures.


Contributions or expenditures of $100 or more must be itemized with contributor information.

Semi-annual: July 31 and January 31 for all candidates and committees, whether or not they received contributions or made expenditures, and all elected officers, except judges, whose salary is $200 or more per month. Judges and elected officers whose salary is less than $200 per month file only if they received contributions or made expenditures.


Periodic: For elections in June or November of even-numbered years: March 22, 12 days before June election, October 5, and 12 days before the November election.
Reports of $1,000 received/spent during 90-day period before an election due within 24 hours

Statewide officers, candidates, and committees: Original and one copy with the Secretary of State, two copies with Registrar-Recorder of Los Angeles County, two copies with Registrar of Voters of the County of San Francisco, and two copies with the filer’s county of domicile.


State legislature, Board of Equalization, appellate and superior court elections: Original and one copy with Secretary of State, two copies with the county clerk with the largest number of registered voters in the district affected, and two copies with the filer’s county of domicile.
Other multi-county elections: original and one copy with the county clerk with the largest number of registered voters in the district affected, and two copies with the filer’s county of domicile.
County offices and municipal courts: original and one copy with the county clerk, two copies with the filer’s county of domicile.
City offices: original and one copy with city clerk.
Filings available electronically beginning with the 2000 primary.

Committee organization statement; candidate statement of intention; campaign bank account forms; slate mailer organizational statement; large contributor statement; termination report; and various supplemental statements, including one on expenditures for security systems; reports of contributions or expenditures of $5,000 or more outside 90-day election period; special reports for those making or receiving certain contributions for state officers if contributor is seeking a privilege; special reports of independent expenditures; reporting by a slate mailer committee


Fair Political Practices Commission


427 J Street, Suite 800

Post Office Box 807

Sacramento, CA

95804-0807


916/322-5660

866/ASK-FPPC

916/327-2026 FAX
www.fppc.ca.gov

Colorado

Candidates, political committees, issue committees, political parties; persons making independent expenditures of $1,000 or more

Information on all contributions and expenditures, with any contributions and expenditures during the reporting period greater than $20 itemized.


First day of each month beginning the sixth full month before the major election, 14 days before, and 14 days after the major election in election years.


Reports are required quarterly in off-election years.
Independent expenditure reports due within 24 hours after obligating funds for the expenditure.
Additional time allowed for candidates filing electronically

Non-municipal elections: either Secretary of State (statewide, legislative, district, or multi-county candidates) or the appropriate county clerk and recorder (other officers).


Municipal elections: municipal clerk
Non-statewide multi-county issues: county clerk and recorder of each involved county

Candidate’s affidavit of a familiarity with Campaign Reform Act; committee organization statement; personal financial disclosure by state candidates; statement of intent to file electronic reports


Secretary of State


1560 Broadway

Suite 200

Denver, CO 80203
303/894 2200

303/894-2212 FAX

303/894-2389 TDD
www.sos.state.co.us/

divinfo.html#Elections


sos.admin1@state.co.us

Connecticut


Candidates, political committees, and party committees spending or receiving more than $1,000 in any election; certain persons making independent expenditures


Information on all contributions and expenditures. Contributions in excess of $30 must be itemized.


Generally: 2nd Thursday of January, April, July, October; 7th day before regular state election; 45 days after election and 30 days after primary


State central committees: January 30, April 10, July 10; 12 days before any election
Supplemental reports: 7 days after distribution of surplus, or, if deficit, 90 days after primary or election, then 30 days after increase in deficit

Generally with Secretary of State, with local candidates and referendum committees filing with town clerks


Statewide candidates raising or spending $250,000 or more must file electronically; other committees may also file electronically
Reports to be available on the Internet and through Secretary of State’s office

Designation of campaign depository and treasurer; exemption statements; statements of organization; special reports by lobbyists; exemption from itemized reporting statement if raise or spend less than threshold


State Elections Enforcement Commission


20 Trinity Street

Suite 101

Hartford, CT 06106-1628
203/566-7106

203/566-4402 FAX


www.seec.state.ct.us
seec@po.state.ct.us

Delaware

Candidates and committees

Information on all contributions and expenditures. All contributions greater than $100 must be itemized.


30 days and 8 days before election; December 31 of year of election; December 31 of year after election, and annually on December 31 until contributions and expenditures are balanced and the fund is closed.


State Election Commissioner


Political committee accepting contributions or making expenditures must file list of its members and designate a treasurer with the State Election Commissioner within 7 days.


State Election Commissioner


32 Loockerman Street

Suite 203

Dover, DE 19901
302/739-4277

302/739-6794 FAX

800/273-9500
www.state.de.us/election
vote@state.de.us

District of Columbia


Candidates spending greater than $250 in any one election; political committees; persons making independent expenditures of $50 or more


Information on all contributions and expenditures. All contributions of $50 or more and contributions of $10 or more must be itemized.


Each year: January 31


Election years: 10th day of March, June, August, October, and December; 8 days before an election
Non-election years: July 31
Contributions of $200 or more received after closing date for last pre-election report must be reported within 24 hours

Office of Campaign Finance


Registration statements; designation of depositories


District of Columbia Board of Elections and Ethics, Director of Campaign Finance


Reeves Municipal Bldg.

Suite 420

2000 14th St., NW

Washington, DC 20009


202/671-0550
www.ocf.dc.gov
webmaster@dcocf.org

Florida

Candidates, political committees, committees of continuous existence, political party executive committees, and persons making independent expenditures of $100 or more unless no funds have been received or reportable expenditures made during reporting period

Information on all contributions and expenditures.


Contributions over $100 must include occupation. Each expenditure must be itemized. Credit card purchases for travel by statewide candidates and statewide committees must be fully disclosed.

Generally by the 10th day of each calendar quarter after treasurer is appointed through last day of qualifying for office and on the 4th, 18th, and 32nd days preceding first and second primaries; and on the 4th and 18th days immediately preceding the general election for an opposed candidate, political committee, or committee of continuous existence. Candidates receiving public funds file on the 4th, 11th, 18th, 25th, and 32nd days prior to first primary and general election, and on the 4th, 11th, 18th, and 25th days prior to the second primary. Any candidate who becomes unopposed files within 90 days of that date.


Candidates file with officer before whom candidate qualifies, with copy to supervisor of elections in candidate's county of residence for other than statewide candidates. Statewide committees file with Division of Elections, while other committees file with county supervisor of elections.


Filing is generally to be made on diskette, with reports available electronically

Organization statement, designation of treasurer, designation of depositories, annual report, pre-advertisement endorsement statement; testimonial affairs statement; voluntary expenditure limitation statement; officeholder loan statement; return contribution; request for contribution return; judicial retention; statement of valuation of in-kind expenditure; special independent expenditure statements; special statement by investment firms and underwriters seeking certain state business


Florida Elections Commission


Room 2002, The Capitol

Tallahassee, FL

32399-1050
850/922-4539

850/921-0783 FAX


doe@mail.dos.state.fl.us
Secretary of State

Division of Elections

107 W. Gaines Street

Room 100


Tallahassee, FL

32399-0250


850/245-6200
http://election.dos.state.fl.us/
election@mail.dos.state.fl.us

Georgia

Candidates, political committees, persons (individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons) who accept contributions for, make contributions to, or make expenditures on behalf of, candidates, or to bring about the approval or rejection by voters of a proposed constitutional amendment or statewide referendum, and receives or spends $500 or more to bring about (or oppose) recall of a public officer, certain independent committees

Amount, date of receipt, name, mailing address, and occupation of any person making a contribution of $101 or more, or to whom an expenditure of $101 or more is made, including the general purpose of the expenditure.


Candidates and committees seeking to influence candidate elections: June 30 and December 31 in non-election years and March 31, June 30, October 25, and December 31 during election years


Ballot Questions: 15 days before the election and a final report before December 31 of the year in which the election is held
Recalls: within 15 days after the date when the official recall petition forms were issued to the sponsors; 45 days after the filing of the initial report; within 20 days after certification of petition; final report before December 31 of the year in which the recall election is held or, in any case where such recall election is not held, before December 31 of any year in which the campaign committee accepts contributions or makes expenditures

Secretary of State for statewide candidates and statewide referenda


Superintendent of elections in county of candidate’s residence for general assembly candidates (and ballot questions and recalls) with copy to Secretary of State
County superintendent of elections or city clerks for other offices and elections

Declaration of intent to accept campaign contributions; financial disclosure statement (candidates); designation of committee officers; registration of campaign committees (candidates and non-candidate committees); special reports of independent committees and certain persons contributing to such committees


Secretary of State


2 Martin Luther King, Jr. Drive, S.E.

Suite 1104, West Tower

Atlanta, GA 30334-1505
404/656-2871

404/651-9531 FAX


www.sos.state.ga.us/ elections/
sosweb@sos.state.ga.us

Guam

Candidates, political committees, and parties

Aggregate sum of all contributions received; name and address of donors of $100 or more, and amount and date of deposit; all expenditures made, incurred, or authorized, and name and address of each payee and amount, date and purpose of each expenditure; current statement of balance or deficit


Special disclosure required of earmarked funds

Organizational report: not later than the earliest of on or before day of filing for nomination or election; or by the 10th day after receiving contributions aggregating $100,000 or more or making or incurring expenditures of more than $100,000


Preliminary report: 10th day before election or primary
Final primary report: 10th day after general, special, or runoff election
Final general election report: 20th calendar day after general, special, or runoff election
Surplus reports: 60 days after election and every six months thereafter until individual becomes candidate again
Deficit reports: 60 days after election and every three months thereafter until no deficit.

Guam Election Commission


Organizational statement


Guam Election Commission


414 West Soledad Ave.

Agana, GU 96910


671/477-9791

671/477-1895 FAX


Hawaii

Candidates, parties, and committees which contribute in the aggregate $1,000 or more in an election period; committees that form within 10 days before an election and spend $1,000 or more

Information on all contributions and expenditures. All contributions of more than $100 must be itemized.


For candidates, on July 30 before the primary election and 10 working days before each election; 20 days after primary, and 30 days after a general or special election. Supplemental reports in the event of surplus or deficit over $250 are filed on the 5th day after the last day of election year, and every six months thereafter.


Original and a copy with Campaign Spending Commission. In counties of less than 200,000 voters, file original and two copies with either Commission or clerk in county where candidate resides.


Organization statement; treasurer and depository designation; designation of responsible central committee; disposition of residual funds; affidavit of compliance with expenditure limits; affidavit for tax deduction purposes; anonymous contributions; fundraisers; public financing compliance report; late contribution report


Campaign Spending Commission


235 S. Beretania St.

Suite 300

Honolulu, HI 96813
808/586-0285

808/586-0288 FAX


www.state.hi.us/campaign
aloha@csc.state.hi.us
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