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, DC20463. 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
election/election.htm
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, AK99508
907/276-4176
907/276-7018 FAX
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, AZ85007
602/542-8683
602/542-6172 FAX
z.
Com
Citizens Clean Election Commission
4001 N. 3rd St., Suite 200
Phoenix, AZ 85012
602/200-0013
602/200-8670 FAX
877/631-8891
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, AR72201
501/324-9600
501/324-9606 FAX
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
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.