Campaign Finance Administration

DisclaimerDisclaimer: This presentation is intended as a general : This presentation is intended as a general interpretive resource only. Where important legal interpretive resource only. Where important legal

rights are concerned, you should consult with your own rights are concerned, you should consult with your own attorney to be fully and properly advised.attorney to be fully and properly advised.

2016 Reporting Deadlines NOON2015 Annual Report Wednesday, January 20, 2016 (NOON)ALL Candidates and PACs

Regular Party Committees Tuesday, March 1, 2016 (NOON)

Pre-Primary Report Friday, April 15, 2016 (NOON) Candidates on the ballot for reporting period ending Friday, April 8, 2016PACs and Party Committees

Pre-General Report Friday, October 21, 2016 (NOON)Candidates on the ballot for reporting period ending Friday,PACs and Party Committees October 14, 2016

2016 Annual Report Wednesday, January 18, 2017 (NOON)ALL Candidates and PACs for reporting ending December 31, 2016

Regular Party Committees Wednesday, March 1, 2017 (NOON)

Where to FileState Legislative Office: • Candidates file only with the Indiana Election Division, effective

January 1, 2011County, 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

– File with the Election Division• Support County, City, Town or Township Candidates

– File with County Election Board• Supporting more than one of these categories

– File with the Election Division

What to File: CFA 1Statement of Organization

• Must be filed:– Within ten days of raising or spending $100– Within ten days of becoming a candidate

• (i.e. filing declaration of candidacy)

• Amendments may be filed as changes are made to committee (office sought, new address, etc.)

If candidate fails to open a campaign finance committee by February 12, 2016, the CEB MUST open on the candidate’s

behalf by February 29, 2016 & candidate MUST adhere to reporting schedule

What to File: CFA 4Report of Receipts and Expenditures• Must be filed periodically while committee is

open• Check report type box on the first page cover

sheet– PrePrimary, Pre-Election, Annual, Final or

Outgoing Treasurer• Check the box “final/disbanding” when you

are closing your committee (lines 18, 19 and 20 must be $0.00)

Schedule A: Contribution Schedule

• A1: Contributions from Individuals– Include full 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)

Itemized Contributions

• Must itemize contributions IF more than $100 in cumulative contributions from single source– More than $100 is $100.01

• If itemized must include: 1. Date and amount of contribution;

2. Full name and full mailing address of person making contribution; and

3. Must identify the individual’s occupation if contributions from individual total $1,000 or more

Itemized Contributions

• Contribution Limitations– Individual contributions from foreign nationals are

prohibited• There are no further limits placed on contributions from

individuals– Corporations or labor organizations have maximum

contribution limits• See campaign finance manual for more details

Itemized Contributions

• On CFA-4 Summary Sheet– Enter total of itemized contributions on all Schedule A’s 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

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

Practical Tip

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

Schedule B: Itemized Expenditures• On CFA-4 Summary Sheet:

– Total itemized expenditures on line 17a of CFA-4 cover page• i.e. expenditures totaling $100.01 or more in the aggregate

– Total of unitemized expenditures on line 17b • i.e. expenditures that are $100 or less in the aggregate

– Total columns A and B

Schedule B: Itemized Expenditures

• On Schedule B:– Itemize all expenditures exceeding $100 in the aggregate

on Schedule B• Use proper coding schedule (see next slide)

– Full name, mailing address, occupation• Individuals ONLY)

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 of the CFA-4 Summary

Sheet

Debts and Loans

• Schedule E– This is money loaned from your committee to

another• Loans are totaled on line 20 of the CFA-4 Summary

Sheet

Debts and Loans

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.

Practical Tip

CFA-4: Signatures

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

CFA-11: Large Contributions

• What is a large contribution?– A contribution totaling $1,000 or more during a

defined reporting period (see next slide)• Contribution can be:

– Lump sum– Aggregate

» Example: The first time Joe gives Candidate A $500 is on April 10 and another $500 on April 15. The first $500 does NOT trigger a CFA-11 filing; the second contribution DOES trigger a CFA-11 because Joe has now contributed $1,000 to Candidate A.

CFA-11: Large Contributions• Filing Periods– Pre-Primary

• Received after April 8, 2016, and before 48 hours before the election

– Pre-General• Received after October 14, 2016, and before 48 hours before the

election• Filing Deadline– No later than 48 hours after receipt of contribution

• Who files– Candidates on 2016 Primary or General Election Ballot

ONLY

CFA-11: Large Contributions

• County Filing Requirements– IC 3-9-5-22 requires counties to accept

CFA-11s by FAX• Counties are not required to accept CFA-4s by FAX

unless they have adopted a policy

Corporate and Labor Contribution Limits

• Corporations and Labor Organizations – Permitted to make direct contributions to candidate,

regular party and political action committees• A Corporation or Labor Organization may not give more than $2,000 in the

aggregate (combined) to all candidates for all local offices.

Corporate/Labor Contributions to Political Action Committees

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

categories noted in IC 3-9-2-4• Corporation/labor organization’s responsibility to track

Delinquent/Defective Reports

• Delinquent reports: – Hearings before the County Election Board – Fines $50 per day up to $1,000

• Defective Reports– $10 per day up to $100 • Must give 5 days written notice from the county

election board to correct

Deliquent/Defective Reports

• Tell candidates to file ON TIMEeven if unsure if accurate or incomplete.– Avoid fine– Able to amend

• Close your Committee if you are defeated or you are finished with it– Committees do not automatically close - they remain open until

you disband committee by filing final/disbanding report– Candidates with an OPEN committee MUST continue to follow

campaign finance reporting schedule• Subject to fines if delinquent!

– CEB must determine by January 31 which committees to administratively disband

Practical Tip