FREQUENTLY ASKED CAMPAIGN QUESTIONS
Contributions In-Kind Contributions Loans
Expenditures When and Where Reports are Filed Completing Schedule A
Completing Schedule B Completing Schedule C Completing Schedule D
Affidavits of Exemption "Paid for By" Independent Expenditures
Issue Ads Last Minute Contribution Reports  



Contributions:

Question: Who is permitted to make a contribution under the Campaign Finance Act?
Answer: The Act permits any individual, political action committee (PAC), party committee, corporation, partnership, trust, organization or association to make a campaign contribution to a state or local candidate or to a party or political committee.

Question: What are the campaign contribution limitations to candidates for state and local office?
Answer: The following are the contribution limitations for candidates under the Campaign Finance Act:

Candidate Primary Election Cycle General Election Cycle
Statewide
$2,000
$2,000
State Senate
$1,000
$1,000
State House of Representatives
$500
$500
District and Magistrate District Judge
$500
$500
State School Board
$1,000
$1,000
County
$500
$500
First Class City
$500
$500

 

Question: What is the maximum amount that can be contributed to a political action committee (PAC)?
Answer: There is no limitation on the amount of money a contributor can donate to a PAC. However, a candidate may not donate campaign funds to a PAC.

Question: What is the contribution limitation to a state party committee?
Answer: A state party committee can accept a maximum contribution of $15,000 each calendar year from any individual, corporation, partnership, organization, association, or trust. A PAC can contribute $5,000 each calendar year to a state party committee. A national party committee can contribute $25,000 each calendar year.

Question: What is the contribution limitation to a county central committee?
Answer: A Democratic or Republican county central committee can accept a maximum of $5,000 each calendar year from any source other than a national party committee. A national party committee can contribute $10,000 in each calendar year.

Question: Can a candidate receive a contribution for both the primary and general election at the same time and have the candidate earmark the general election contribution to be used at a later date in the general election cycle?
Answer: Any contribution given through midnight on the day of the primary election counts toward the primary election cycle. Contributions given in one election cycle cannot be allocated to another election cycle. Any contribution given from the day after the primary election through the last day of the calendar year counts toward the general election contribution limitation.

Question: If an individual owns a business, can the business and the individual both contribute?
Answer: Under Kansas law, both the individual and business (unless the business is a sole proprietorship) are treated as separate entities. That means both the individual and his or her business can make a contribution to the same candidate or committee.

Question: Can a husband and wife write one check for the maximum allowable limit or must each write a separate check?
Answer: Either is acceptable. A single check can be written for both contributions or each individual can write a separate check.

Question: How much can a candidate loan or donate to his or her campaign?
Answer: There is no limitation on the amount of money a candidate and/or spouse can loan or donate to the campaign. Other family members are subject to the same contribution limitations as any other individual.

Question: Can a candidate accept cash from a donor?
Answer: A candidate is permitted to accept no more than $100 in cash from any contributor. If a contributor wishes to donate more, he or she is required to write a check, use a credit card or obtain a money order.

Question: What is the difference between an anonymous contribution and an unitemized contribution?
Answer: An anonymous contribution is a contribution received when the identity of the donor is unknown. An unitemized contribution is a contribution of $50 or less, where the identity of the donor is known, but the donor is not required to be listed on a receipts and expenditures report.

Question: Can anonymous contributions be accepted?
Answer: Anonymous contributions in the amount of $10 or less are permitted to be accepted by a candidate, party committee or PAC. Any anonymous contribution which is received by a candidate or committee in excess of $10 is prohibited and must be disposed of in a non-political manner, i.e., given to a charity, civic, or community organization.
Note: During the primary and general election periods, a candidate is permitted to accept a total of anonymous contributions up to one-half the contribution limit permitted for such candidate’s campaign. For example, if a candidate is running for State Representative, such candidate is permitted to accept a maximum of $500 from any one contributor. That means such candidate can accept a grand total of $250 in anonymous contributions during the primary election period and $250 in anonymous contributions during the general election period with no one anonymous contribution being over $10.

Question: Do all contributions need to be itemized?
Answer: Any contribution in excess of $50 must be itemized on a receipts and expenditures report. Contributions in the amount of $50 or less can be reported in one lump sum on the “Unitemized Contributions” line in the summary box at the end of Schedule A (Contributions and Other Receipts).

Question: Does the occupation and industry for every individual donor need to be reported?
Answer: The occupation of a contributor and the industry the individual works in must be reported for any contribution that is over $150 given to a candidate, party committee, or PAC.

Question: If an Internet payment processing vendor such as PayPal is used, how are the original contribution and vendor’s charges reported since vendor charges are deducted prior to the donation being credited to a campaign account?
Answer: The full amount of any contribution received via credit card from Web-based payment processing vendors must be reported. The fee charged by the payment processing company is reported as an expenditure, even though the campaign does not actually make a payment for these fees. For example, if an individual makes a $100 contribution and only $97 is deposited into the campaign account, the actual $100 contribution is reported as a contribution with the $3 service fee being reported as an expenditure to the payment processing company.

Question: Can a candidate donate campaign funds to another candidate or to a PAC?
Answer: The Act prohibits a candidate from donating his or her campaign funds to any other candidate for federal, state, or local office or to any PAC. Candidates can donate campaign funds to their political party. Donations can be given to a State party, county central committee or district party committee.



In-Kind Contributions:


Question: What is an in-kind contribution?
Answer: An in-kind contribution is not a monetary donation, but something of value donated to a campaign or committee which has been paid for by another person. An example of an in-kind contribution would be a candidate who pays for a newspaper ad with personal funds or pays his or her filing fee with personal funds. If these examples were monetary donations, the candidate would have placed money into the campaign bank account and written a campaign check to the newspaper for the ad and the Secretary of State or county election officer for the filing fee. Because personal funds were used to make these expenditures, they are considered in-kind contributions from the candidate. Other examples of in-kind contributions are postage stamps donated by a friend, a discount on a printing order from a printing company for campaign brochures, or food and beverages paid for by someone else for a fundraiser held on the candidate’s behalf.

Question: How does a campaign or committee value an in-kind contribution?
Answer: The value of an in-kind contribution is the fair market value of the item or service if it had been purchased or sold in the ordinary course of business. When a charge is made for an item or service which is less than the fair market value, the difference between the fair market value and the actual charge is the value of the in-kind contribution. The donor of the item or service places the value on the in-kind contribution when given.

Question: Is there a limit on in-kind contributions?
Answer: In-kind contributions, in combination with monetary contributions, cannot exceed the contribution limit for such candidate’s race. For example, if a candidate for state representative receives an in-kind contribution of stamps and stationery worth $100 from an individual, that same individual could only make a monetary donation of $400 since the contribution limitation for state representative campaigns is $500.

Question: How are in-kind contributions reported?
Answer: Any in-kind contribution which has a value in excess of $100 must be itemized. The date the in-kind contribution was made, the donor’s name and address, a description of the in-kind contribution and the value of the in-kind contribution must be listed. Any in-kind contribution of $100 or less can be listed as “unitemized” in the summary box at the end of Schedule B (In-Kind Contributions).

Question: Is the time of a volunteer considered an in-kind contribution and is it reportable?
Answer: No. Volunteer time is not considered an in-kind contribution and does not need to be reported. If a volunteer incurs expenses of more than $100 in providing volunteer services, any expenditure made by the volunteer in excess of $100 must be reported as an in-kind contribution.
Examples of expenses incurred by a volunteer are postage stamps purchased by the volunteer to mail campaign post cards or refreshments for a candidate function held at the home of the volunteer.

Question: Is a candidate endorsement made by an organization, association, corporation, newspaper, etc. considered an in-kind contribution?
Answer: The costs associated with any news story, commentary, or editorial distributed by a TV station, radio station, newspaper or other periodical does not constitute an in-kind contribution. The costs associated with internal organizational communications of business, labor, professional or other associations which endorse a candidate do not constitute an in-kind contribution.

Question: What paperwork is required to be retained for in-kind contributions?
Answer: The treasurer for a candidate, PAC or party committee should obtain and retain receipts for all in-kind contributions. A receipt is crucial for accurate reporting of an in-kind contribution since there is no cancelled check or deposit slip to reference when it comes time to disclose an in-kind contribution on a receipts and expenditures report. For example, if Mr. and Mrs. Smith host a fundraising dinner in their home, they will need to provide the campaign with a letter stating the cost of the fundraiser, as well as the date, so this information can be listed on a receipts and expenditures report.


Loans:

Question: How are loans made to the campaign reported?
Answer: Any loan made to the campaign by the candidate or any other person must be reported on Schedule A (Contributions and Other Receipts) showing the name and address of the person making the loan. In the "Check Appropriate Box" column, "Loan" should be checked. If the loan has not been reimbursed at the end of the reporting period, the loan must also be disclosed on Schedule D (Other Transactions) as a loan payable. The loan will continue to be disclosed on Schedule D on every report until the loan is repaid. When the loan is repaid, the repayment is reported on Schedule C (Expenditures and Other Disbursements). If partial repayment of the loan occurs, the portion reimbursed is reported on Schedule C and the remaining unpaid balance is reported on Schedule D.

Question: Can a loan be made to the campaign which is in excess of the contribution limitation?
Answer: A candidate can receive a loan from a person which exceeds the contributiuon limit. However, the candidate must repay that portion of the loan which is in excess of the candidate's contribution limitation by the end of the election period. For example, if an individual (other than the candidate or spouse) loans a candidate for House of Representatives $5,000 in the primary election cycle, the candidate will be required to repay $4,500 to the individual who made the loan no later than midnight on the day of the primary election. If the $5,000 loan is made during the general election cycle, the candidate will be required to repay $4,500 to the individual who made the loan no later than midnight on the last day of the calendar year which is the last day of the general election cycle.

Expenditures:

Question: Can a candidate, party, or political committee official be reimbursed for mileage expenses relating to the campaign or committee?
Answer: Yes. Although a candidate is not required to report personal miles driven, a candidate, a volunteer or staff of a candidate, or a committee chairman or treasurer can be reimbursed for personal miles driven so long as a log showing the miles driven is maintained. Each entry in the log should indicate the date of travel, purpose of the travel, and actual miles driven. The State’s reimbursement rate of 55¢ per mile should be used to calculate mileage.

Question: What is the general rule for use of campaign funds?
Answer: The Campaign Finance Act permits campaign funds to be used for any legitimate campaign purpose or the holding of political office. Campaign funds can also be used for making donations to a party committee, to pay any membership dues related to the candidate's campaign which are paid to a community service or civic organization in the name of the candidate, donated to a community service or civic organization in the name of the candidate, or to purchase tickets to special events sponsored by any organization which facilitates the social, business, commercial, or economic well being of the local community. Campaign funds cannot be used for personal use to defray normal living expenses of the candidate or the candidate's family.

Question: Can campaign funds be used to purchase pizza, donuts, or snacks for campaign workers?
Answer: Campaign funds can be used to provide food and beverages to those individuals who perform volunteer work for the campaign or committee. Receipts for all such purchases must be obtained and must be retained by the treasurer.



When and Where Reports are Filed:

Question: When are reports due?
Answer: Reports are due on the following dates:

For State and County Candidates

Report Due Time Period Covered
July 28, 2014 January 1, 2014 through July 24, 2014
October 27, 2014 July 25, 2014 through October 23, 2014
January 10, 2015 October 24, 2014 through December 31, 2014

For First Class City Candidates and Candidates for the Board of Public Utilities & Wichita School Board

Report Due Time Period Covered
January 10, 2014 March 22, 2013 through December 31, 2013
February 17, 2014 January 1, 2014 through February 13, 2014
March 24, 2014 February 14, 2014 through March 20, 2014
January 10, 2015 March 21, 2014 through December 31, 2014


Question: Where are receipts and expenditures reports filed?
Answer: State candidate receipts and expenditures reports are filed with the Secretary of State’s office. Local candidate reports are filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Party committees file reports only with the Secretary of State’s office. State PACs file reports with the Secretary of State’s office while local PACs file reports in the county in which the local PAC is domiciled.



Completing Schedule A:

Schedule A (Contributions and Other Receipts)

Question: What information is reported on Schedule A?
Answer: All monetary contributions and other receipts received by the campaign or committee that are deposited into the campaign bank account are reported on Schedule A. Any contribution received over $50 must be itemized separately on this schedule showing the date the contribution is received, the name and complete mailing address of the contributor, the occupation and industry of any individual who contributes more than $150, the amount of the contribution, and a description of the contribution or other receipt, i.e., cash, check, loan, e-funds (credit card donations) or other (receipts like rebates, refunds etc).

Question: What information is reported in the Summary Box at the bottom of the last page of Schedule A?
Answer: The first line in the summary box shows the total of the itemized contributions and other receipts which were listed separately on Schedule A. The second line shows the lump sum of all unitemized contributions of $50 or less received during the reporting period. These contributions are not required to be itemized on Schedule A. The third line shows the total from any proceeds made from the sale of political materials, like t-shirts, signs, etc. This is the only line on which these sales appear. The fourth line is used to report any anonymous contributions received during the reporting period that were $10 or less. The fifth line shows the total contributions and other receipts received during the entire reporting period. This figure is carried forward to the cover summary page of the report and listed on Line 2.

Question: What does a treasurer report for occupation and industry for a contributor who does not work but donates more than $150?
Answer: If the individual contributor is not employed for compensation, then the occupation and industry of the contributor’s spouse must be listed. If the contributor and his or her spouse are both retired, for example, list retired.

Question: What kind of documentation is required to substantiate contributions received by the campaign or committee?
Answer: Photocopies of contribution checks in excess of $50 should be made and kept by the campaign or committee. For internal control purposes, these photocopies will come in handy once contributions are deposited into the campaign or committee bank account. References can be made to these photocopies to verify the spelling of names and addresses, the dollar amount of contributions, etc. If photocopies are not made, the Commission can require a campaign or committee to have bank photocopies made at the expense of the campaign or committee. In addition, all bank statements, and deposit slips for the campaign or committee should be retained.



Completing Schedule B:

Schedule B (In-Kind Contributions)

Question: What information is reported on Schedule B?
Answer: Schedule B reflects the goods, services, or anything of value, provided without charge or at a charge of less than fair market value, to the candidate or committee. This would include all personal (out-of-pocket expenditures) made by the candidate which are not immediately reimbursed to the candidate from the campaign account. Any in-kind contribution valued over $100 must be itemized separately showing the date, name and complete mailing address of the contributor, a description of the in-kind contribution and the value of the in-kind contribution. The occupation and industry of each individual who makes an in-kind contribution valued more than $150 must be listed. In-kind contributions of $100 or less are not required to be itemized and are to be entered as a lump sum in the box at the bottom of Schedule B. The “Total In-Kind Contributions This Period” amount listed at the bottom of Schedule B is to be carried forward to Line 6 on the cover summary page.

Question: For reporting purposes, how does a treasurer value an in-kind contribution?
Answer: The value of an in-kind contribution is the fair market value of the item or service as if it had been purchased, sold or leased in the ordinary course of business.

Question: How are campaign expenditures paid with personal fundsreported?
Answer: All out-of-pocket expenditures are considered in-kind contributions to the campaign or committee and are to be disclosed on Schedule B. These expenditures made by personal funds are not to be reported on Schedule C (Expenditures and Other Disbursements) because personal funds, not campaign funds, were used. Receipts for all expenditures made with personal funds must be obtained and retained by the treasurer.



Completing Schedule C:

Schedule C (Expenditures and Other Disbursements)

Question: What information is reported on Schedule C?
Answer: Schedule C reflects all expenditures and other disbursements made to an individual or vendor from the campaign bank account. Any expenditure over $50 made during this reporting period is to be itemized to include the date of payment, name and complete mailing address of the payee, purpose of the expenditure and the amount. The total of all expenditures of $50 and under is to be entered as a lump sum on the last page of Schedule C. The “Total Expenditures and Disbursements This Period” amount in the box on the last page of Schedule C is to be carried forward to Line 4 on the cover summary page.

Question: What kind of documentation is required to be kept to substantiate expenditures listed on Schedule C?
Answer: The campaign or committee must keep invoices, statements, and receipts for all expenditures reported on Schedule C.

Question: Is additional documentation required to be filed for any specific type of expenditure?
Answer: When an expenditures is made to an advertising agency, public relations firm, or political consultant for disbursement to vendors, the treasurer is required to show in detail the name and address of each vendor as well as the date and amount paid each vendor by the advertising agency, public relations firm or political consultant. Attaching a copy of the statement or invoice received from the agency, firm, or consultant to the report is acceptable.

Question: When a campaign or committee check is written to an individual for reimbursement of numerous expenses, how much detail is required to be reported in the “Purpose of Expenditure” column on Schedule C?
Answer: When a lump sum reimbursement is made for miscellaneous expenses, any one expense being reimbursed which is over $50 must be itemized. If every expenditure being reimbursed is $50 or under, the description should state “Miscellaneous expenditures reimbursed-all $50 or less”.

 

Completing Schedule D:

Schedule D (Other Transactions)


Question: What information is reported on Schedule D?
Answer: Schedule D reflects loans and other debts owed by the candidate or committee at the close of the reporting period as well as loans owed to the candidate or committee. The date the loan or debt was incurred, the name and address of the person to whom the debt is owed, a description or nature of the account or loan payable, and the balance at the close of the reporting period must be reported. The “Total Other Transactions” amount is to be carried forward to Line 7 of the cover summary page.

Question: Are expenditures which have been contracted for, but not paid for, to be reported on Schedule D?
Answer: Any mailings, advertisements, yard signs, etc., which have been contracted for must be disclosed on Schedule D until such time as the debt is paid. Any outstanding bills which have not been paid by the end of the reporting period must also be reported on this schedule.

 

Affidavits of Exemption:

Question: What is an “Affidavit of Exemption”?
Answer: An Affidavit of Exemption form is a document that can be filed in lieu of this election year’s receipts and expenditures reports if certain conditions are met. An Affidavit can only be filed by a candidate who anticipates receiving less than $500 in total contributions and anticipates spending less than $500 in total expenditures (exclusive of the candidate’s filing fee) in each of the primary and general elections.
An Affidavit can only be filed by a party committee or PAC that anticipates receiving contributions less than $500 and spending less than $500 in the calendar year. To qualify for filing the Affidavit, the party committee or PAC cannot receive any single contribution in excess of $50.

Question: When must an Affidavit of Exemption be filed?
Answer: To be valid, an Affidavit of Exemption must be filed on or before the due date for the first receipts and expenditures report. If the Affidavit is received after the due date for the first receipts and expenditures report, it will be invalid, and the campaign or committee will be required to file all receipts and expenditures reports for the election year.

Question: If an Affidavit of Exemption is filed, must campaign records and receipts be kept?
Answer: Receipts and other documentation to substantiate contributions and expenditures must be maintained by the treasurer.

Question: What happens if a campaign or committee files an Affidavit of Exemption and at a later date goes over the $500 limit on contributions or expenditures?
Answer: If a candidate or committee goes over the $500 limit in either contributions or expenditures, the Affidavit becomes invalid. The candidate or committee has three days to file any past due receipts and expenditures report(s).

 

"Paid for By":

Question: Does the “paid for by” attribution statement have to be placed on campaign yard signs?
Answer: No. The “paid for by” attribution statement does not have to appear on yard signs, envelopes, bumper stickers, billboards, t-shirts, pens, pencils, rulers, magnets, or other trinkets.

Question: Does the “paid for by” attribution statement have to appear on a business card?
Answer: Any business card that expressly advocates the election or defeat of a candidate for state or local office must contain the attribution statement.

Question: What does the term “expressly advocate” mean?
Answer: The Campaign Finance Act defines “expressly advocate the nomination, election or defeat of a clearly identified candidate” as any communication which uses phrases such as “vote for”, “elect”, “re-elect”, “support”, “cast your ballot for”, “Smith for Senate”, “Smith in 2010", “defeat”, or “Smith’s the one”.

Question: Does the “paid for by” attribution statement have to appear on brochures?
Answer: Any brochure, flier, fact sheet, postcard, fund-raising invitation, or door hanger that expressly advocates the election or defeat of a candidate for state or local office must include the “paid for by” statement.

Question: Do websites, e-mails and other Internet communications require a “Paid for by” or “Sponsored by” attribution statement?
Answer: If the website, e-mail or other Internet communication expressly advocates the election or defeat of a clearly identified candidate for state or local office, then a “Paid for by” or “Sponsored by” statement must be provided if the communication is disseminated to 25 or more individuals. This requirement only applies to any email or other type of Internet communication which is made by the candidate, the candidate's committee, PAC or party committee.

Question: Is the candidate’s name sufficient on the “paid for by” line on TV, radio, newspaper ads and brochures?
Answer: The law requires not only the name of the candidate, but also the name of the candidate’s treasurer to be disclosed on advertisements as well as brochures, fliers, fact sheets, post cards, and fund-raising invitations. If a party committee or PAC places an advertisement, or prints a brochure, flier, etc., the name of the committee and the name of either the chairperson or treasurer must be listed. If an individual or organization places an ad, the name of the person paying for the ad or the person responsible for the placement of the ad must be disclosed.

Question: Do robo calls or political telephone messages require a "paid for by" statement?
Answer: Any telephonic message which expressly advocates the election or defeat of a candidate for state or local office must be proceded by a statement which states "paid for" or "sponsored by". If a candidate pays or sponsors the telephonic message, the candidate's name and that of his or her treasurer must be provided at the beginning of the message. If the message is paid or sponsored by a PAC or party committee, the name of the committee and that of its' chairperson or treasurer must be provided at the beginning of the message.

 

Independent Expenditures:

Question: What is an independent expenditure?
Answer: An independent expenditure is any expenditure that is made without the cooperation or consent of a candidate, or agent of such candidate, intended to be benefitted and which expressly advocates the election or defeat of a clearly identified candidate. Independent expenditures are not subject to contribution limitations since the expenditure is not made with the consent or cooperation of the candidate or his or her agent.

Question: Are independent expenditures made by a party or political committee reportable?
Answer: Yes. Political action committees and party committees are required to report all expenditures. If a PAC or party committee makes an independent expenditure, the vendor to whom the expenditure was made must be disclosed. In addition, any independent expenditure in excess of $300 made by a PAC or party committee will have to be disclosed showing the name and address of the candidate whose nomination, election or defeat is expressly advocated, the amount of the independent expenditure, and the specific service or product provided.

Question: Are independent expenditures made by an individual or organization reportable?
Answer: Any individual or organization, other than a PAC or party committee, that makes an expenditure in the amount of $100 or more is required to file a one page report showing the name and address of each contributor who donated over $50 for the independent expenditure, the name and address of any vendor who was paid more than $50 for the independent expenditure, and the name of the candidate whose election or defeat was expressly advocated.

Question: Does a candidate have to report an independent expenditure which expressly advocates his or her election?
Answer: Candidates do not have to report independent expenditures as a contribution because the candidate has not cooperated with or consented to the expenditure being made by the entity making the independent expenditure.

 

Issue Ads:

Question: What is an issue ad and is an issue ad reportable under the Act?
Answer: Issue ads are communications, sometimes referred to as electioneering communications, that do not expressly advocate for the election or defeat of a clearly identified candidate for state or local office. These advertisements or mailings may ask you to contact a candidate or current office holder to give them your viewpoint on a specific subject, but the literature or advertisement does not ask you to vote for or against a specific candidate. Because there is no express advocacy, individuals and/or organizations that use these types of advertisements or communications do not fall under the jurisdiction of the Campaign Finance Act. Therefore, there is no reporting of this activity.

Last Minute Contribution Reports:

Candidate Last Minute Contribution Reports

Question: What is a Candidate Last Minute Contribution Report?
Answer: A Candidate Last Minute Contribution Report is an additional report required to be filed by any candidate who receives a contribution in the amount of $300 or more beginning 11 days before the primary or general election and ending at 11:59 p.m. on the Wednesday preceding the date of election,

Question: When are reports due?
Answer: State & County Candidate Last Minute Contribution Reports are due on the following dates:

Report Due Time Period Covered
July 31, 2014 July 25, 2014 through July 30, 2014
October 30, 2014 October 24, 2014 through October 29, 2014

Question: Where are Candidate Last Minute Contribution Reports filed?
Answer: State candidate last minute reports are filed with the Secretary of State’s office. Statewide candidates are required to file last minute reports electronically with the Secretary of State. Local candidate reports are filed in the office of the county election officer of the county in which the name of the candidate is on the ballot.

Question: By what means can a report be filed?
Answer: Reports can be filed by hand delivery, express delivery service, facsimile transmission or any electronic method authorized by the Secretary of State.

Question: What information is disclosed on a Candidate Last Minute Contribution Report?
Answer: The name and address of each person who has made a contribution or loan in an aggregate amount or value of $300 or more along with the date the contribution was received, the amount of the contribution, and the occupation and industry of the contributor when the contribution is from an individual must be disclosed.

Question: If a candidate makes a loan or contribution to his or her own campaign in an amount of $300, would a last minute report have to be filed?
Answer: A contribution or loan in the amount of $300 or more from any person, including the candidate, must be disclosed on a last minute report.

 

PAC and Party Committee Reports of Last Minute Contributions and Independent Expenditures

Question: What is a PAC and Party Committee Report of Last Minute Contributions and Independent Expenditures?
Answer: A PAC and Party Committee Report of Last Minute Contributions and Independent Expenditures Report is an additional report required to be filed by any committee that receives a contribution or makes an independent expenditure in excess of $300 beginning 11 days before the primary or general election and ending at 11:59 p.m. on the Wednesday preceding the date of the election.

Question: What is an “independent expenditure”?
Answer: The statute defines an independent expenditure as an expenditure that is made without the cooperation or consent of the candidate or agent of such candidate intended to be benefitted and which expressly advocates the election or defeat of a clearly identified candidate. Independent expenditures are not subject to contribution limitations since the expenditure is not made with the consent or cooperation of the candidate or his or her agent.

Question: When are these last minute PAC and party committee reports due?
Answer: Last minute reports for PACs and party committees are due on the following dates:


Pre-Primary Election

Report Due Time Period Covered
July 31, 2014 July 25, 2014 through July 30, 2014
August 1, 2014 July 31, 2014
August 2, 2014 August 1, 2014
August 3, 2014 August 2, 2014
August 4, 2014 August 3, 2014


Pre-General Election

Report Date Time Period Covered
October 30, 2014 October 24, 2014 through October 29, 2014
October 31, 2014 October 30, 2014
November 1, 2014 October 31, 2014
November 2, 2014 November 1, 2014
November 3, 2014 November 2, 2014


Question: Where are last minute reports for PAC s and party committees filed?
Answer: A Party Committee Report of Last Minute Contributions and Independent Expenditures is filed only with the Secretary of State’s office. State PACs file this last minute report with the Secretary of State’s office while local PACs file reports in the county in which the local PAC is domiciled.

Question: By what means can a last minute report be filed?
Answer: Reports can be filed by hand delivery, express delivery service, facsimile transmission or any electronic method authorized by the Secretary of State.

Question: What information is disclosed on a PAC and Party Committee Report of Last Minute Contributions and Independent Expenditures?
Answer: The name and address of each person who has made a contribution or loan in an aggregate amount in excess of $300, as well as the date and the amount of the contribution, and the occupation and industry of the contributor when the contribution is from an individual must be reported. If the PAC or party committee makes an independent expenditure in excess of $300, the amount, date, and purpose of each independent expenditure, as well as the name of the candidate whose nomination, election, or defeat is expressly advocated must be reported.

Question: If a PAC has not actually made payment for an independent expenditure which occurs during the reporting period does the PAC have to file this last minute report?
Answer: Any independent expenditure which has been contracted to be made, even if payment has not been made, must be disclosed on a last minute report if such expenditure will be in excess of $300.

Question: Are there any additional last minute reporting requirements for independent expenditures?
Answer: When payment for an independent expenditure is made to an advertising agency, public relations firm or political consultant for disbursement to vendors, the report must show in detail the name of each vendor and the amount, date, and purpose of the payments to each, as well as the name of the candidate whose nomination, election or defeat is expressly advocated.