Campaign FinanceCampaign Finance A Quick Reference Guide for A Quick Reference Guide for

CandidatesCandidates

Disclaimer:Disclaimer: This Guide is intended as a This Guide is intended as a general interpretive resource only. Where general interpretive resource only. Where

important legal rights are concerned, important legal rights are concerned, you should consult with your own attorney you should consult with your own attorney

to be fully and properly advised.to be fully and properly advised.

DisclaimersDisclaimers

If you spend money, or solicit a contribution, to finance a communication expressly advocating the election or defeat of a clearly identified candidate you must include a “disclaimer” in the communication.

Campaign Finance

Disclaimer LanguageIf both paid for and authorized by the candidate or candidate’s

committee: “Paid for by the Shemp for Sheriff Committee.”If authorized by the candidate but paid for by someone other

than the candidate or his committee: “Paid for by the Good Government PAC and authorized by

the Shemp for Sheriff Committee.”If neither authorized nor paid for by the candidate, their

committee or agents then: “Paid for by John Dillinger, Al Capone, and Clyde Barrow

and not authorized by any candidate or candidates’ committee.”

Campaign Finance

Exceptions for DisclaimersExceptions for Disclaimers

Certain items no longer require disclaimers: Buttons, Bumper Stickers, T-Shirts, Business Cards, Pens, Emery Boards…

Campaign Finance

More on Disclaimers Political messages regarding Federal Candidates

are regulated by the FEC and not Indiana law Federal BCRA expanded the type of election

activity regulated by the federal government. Political messages for local candidates on radio

television are regulated by the FCC and not Indiana law but the FCC requires a disclaimer much like Indiana law requires.

Campaign Finance

Disclaimer- Enforcement

The penalty for not including a disclaimer under Indiana law is a Class A misdemeanor punishable by a $5,000 fine, not more than one year in prison or both.

Violations are reported to the county election board or the prosecuting attorney.

Campaign Finance

Statement of Organization Candidate Committees

Campaign Finance Questions Do I have to file? If so, when?

What do I file to start my committee?

Where do I file?

Do I have to file periodic reports? If so, what kind of report should I file and when?

Statement of Organization When To Open a Candidate Committee

Must file Earlier of: Within 10 days of raising or spending $100 Within 7 days of the deadline for filing a

declaration of candidacy Most candidates must have a principal

political committee. A candidate may be chairman, treasurer or

both on their own candidate committee

Exceptions to Opening a Candidate’s Committee

Candidates for a local office that make less than $5,000 and school board candidates: Are not required to file a statement of

organization nor file campaign finance reports unless they raise or spend more than $500

Must file a statement of organization and campaign finance reports with 10 days of raising or spending more than $500

Campaign Finance

When amending the CFA-1 it must be filed within ten (10) days of the change.

Only complete the lines where changes have been made.

Statement of Organization Amending a Candidate Committees

Where to FileState Legislative Office: Candidates file with the Indiana Election Division and the County

Election Board of the County of Residence.County, City, Town or Township Office (includes prosecutors and

judges): Candidates file with the County Election BoardPACs and Legislative Caucus Committees: Support Statewide or State Legislative Candidates then file with the

Election Division Support County, City, Town or Township Candidates then file with

County Election Board Supporting more than one of these categories then file with the

Election Division

Campaign Finance

What to file: CFA-4Report of Receipts and Expenditures

This is the report of receipts and expenditures that must be filed periodically as long as you have a committee open.

Check type of report you are submitting in the appropriate box on the first page cover sheet: Pre-primary, Pre-election, Annual, Final or, Out-going Treasurer.

Check the box “final/disbanding” when you are closing your committee

Pre-Primary Report Friday, April 16, 2010 for period ending Friday April 9, 2010

Pre-General Report Friday, October 15, 2010 for reporting period ending Friday October 8, 2010

2010 Annual Report Wednesday, January 19, 2011 for reporting

ending December 31, 2010

2008 Reporting Deadlines for Candidates- When to File

Corporate and Labor Contribution Limits

Corporations and Labor Organizations are permitted to make direct contributions to candidate, regular party and political action committees.

However, their contributions are limited to the following maximum amounts: For Example, a Corporation or a Labor Organization may not give more than $2,000 in the aggregate to candidates for local office.

Campaign Finance

Direct corporate and labor organization contributions to PACs must be “earmarked”, and are subject to the limitations under each category.

Campaign Finance

Corporate and Labor Contributions to Political Action

Committees

A1: Contributions from Individuals: Include rull name, mailing address, contribution date (when received), and check the type of contribution.

A2: Contributions by Corporations A3: Contributions by Labor Organizations A4: Contributions by PACS A5: Contributions from other Organizations (e.g. transfer

in from a committee)

Contribution Schedules

Itemized Contributions for Candidate’s Committee

•Must Itemize contributions more than $100 in cumulative contributions from single source

•If itemize must include: 1) Date and amount of contribution; 2) Full name and full mailing address of person making contribution; and 3) Must identify the persons occupation if contributions from person total $ 1,000 or more

•On CFA-4 Summary Sheet

• Enter total of Itemized contributions on all Schedule As on line 15a of CFA-4 report cover page.

•Contributions of $100 or less (unitemized) must be entered on line 15b of CFA-4 report cover page

•Total both columns

Itemized Contributions for Candidate’s Committee

Practical Tip

Keep at least the date and amount of contribution and the full name and mailing address of every person making contribution because you never know when their cumulative contributions could exceed $100 in a calendar year

When is a Contribution made or received

•A contribution is considered made when deposited in the mail or transferred to another person.

•A contribution is received and accepted when a person has physical possession of the contribution and intends to keep it.

Campaign Finance

Pre-Primary

Filing Deadline:

Who files:

Received after April 9, 2010 and before 48 hours before election

No later than 48 Hours after receipt

Candidates on 2010 Primary or General Election Ballot ONLY

Large Contributions

Definition: Contributions from a contributor that are received after the regular reporting period and 48 hours before the election that, in the aggregate, total $1,000 or more must be reported on form CFA-11

Pre-General Received after October 8, 2010 and before 48 hours before the election

Schedule BItemized Expenditures

You must itemize all expenditures exceeding $100 in the aggregate on Schedule BIdentify full name, mailing address, occupation and principal place of business of person to whom expenditure madeOn CFA-4 Summary Sheet:

Enter the total of itemized expenditures on line 17a of CFA-4 cover page.Enter the total of unitemized expenditures on line 17b.Total columns A and B.

Schedule BItemized Expenditures

On CFA-4 Summary Sheet: Enter the total of itemized expenditures on line 17a of CFA-4 cover page.Enter the total of unitemized expenditures on line 17b ($100 or less in the aggregate).Total columns A and B.

Expenditure Coding

“C”- Direct and in-kind contributions the campaign can legally make to other campaigns

“F”- Expenditures associated with holding a fundraiser.

“A”- Expenditures associated with the production and printing or copying of campaign communications.

“O”- General operating expenses and overhead (rent), postage, and travel

Debts and Loans

Schedule D: Debts owed by like a loan would be entered on Schedule A-5 and reentered on Schedule D. Debts are totaled on line 19.

Schedule E: This is money loaned from your committee to another. Loans are totaled on line 20.

Practical Tip: Enter funds spent by candidate or funds candidate gives to committee as “loans” to committee and “debts” of committee so that candidate can get paid back if committee later collects contributions to cover loans

CFA-4 Signatures

Signed and dated by the treasurer of the committee and the candidate if applicable.

Enforcement

Delinquint reports: Hearing before the County Election Board and fines $50 a day up to $1,000. Don’t let this happen to you!

Defective Reports: $10 per day up to $100 after being given 5 days notice from county election board to correct.

Criminal prosecution?

Practical Advise

File on Time even if you are unsure if accurate or incomplete. You will avoid fine You will be able to amend

Close your Committee if you are defeated or you are finished with it Committees do not automatic close- they

remain open until you disband committee by filing final/disbanding report

As long as committee is open you will have to file at least an annual report