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Campaign Finance 101 For City & Town Clerks PART 1 ELECTIONS OVERVIEW & CANDIDATE ELECTIONS Arizona Municipal Clerks Association Elections Training July.

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Presentation on theme: "Campaign Finance 101 For City & Town Clerks PART 1 ELECTIONS OVERVIEW & CANDIDATE ELECTIONS Arizona Municipal Clerks Association Elections Training July."— Presentation transcript:

1 Campaign Finance 101 For City & Town Clerks PART 1 ELECTIONS OVERVIEW & CANDIDATE ELECTIONS Arizona Municipal Clerks Association Elections Training July 2015

2 Overview Purpose / Content of Outline Purpose / Content of Outline The Law and Recent Changes The Law and Recent Changes Overview of Clerk Responsibilities Overview of Clerk Responsibilities Political Committees (Candidate Elections) Political Committees (Candidate Elections) Registration of Political Committees Registration of Political Committees Contribution Limitations Contribution Limitations

3 Overview Disclosure in Campaign Literature & Advertisements Disclosure in Campaign Literature & Advertisements Reporting for Organizations Making Independent Expenditures Reporting for Organizations Making Independent Expenditures Reporting Contributions & Expenditures Reporting Contributions & Expenditures Financial Disclosure Financial Disclosure

4 PURPOSE / CONTENT Content of Outline Content of Outline Duties and issues for Clerks as filing officers Duties and issues for Clerks as filing officers NOT details on contribution & expenditures NOT details on contribution & expenditures SOS Workshops for candidates SOS Workshops for candidates Reference Summary Reference Summary Reference Guide to apply law Reference Guide to apply law Only a Summary – does not cover all details! Only a Summary – does not cover all details! Always refer to statutes – references provided! Always refer to statutes – references provided!

5 LAW – Legal Counsel Important to consult attorney Important to consult attorney Campaign Finance regulation increasingly complex Campaign Finance regulation increasingly complex Law and duties unclear in many cases – conflicting! Law and duties unclear in many cases – conflicting! Legal opinions differ! Know your attorney’s position! Legal opinions differ! Know your attorney’s position! Responding to Questions Responding to Questions Law unclear – interpreting is legal advice Law unclear – interpreting is legal advice Clerk is Filing officer – provide information, not advice Clerk is Filing officer – provide information, not advice Opponent or public could challenge any advice Opponent or public could challenge any advice "You need to discuss that with your attorney or campaign advisor."

6 THE LAW Arizona Constitution, Art VII, Sec 16 Arizona Constitution, Art VII, Sec 16 Campaign Finance information to be public Campaign Finance information to be public Arizona Revised Statutes - Arizona Revised Statutes - Title 16, Chapter 6 Campaign Finance (Article I) Campaign Finance (Article I) Clean Elections (Article II) Clean Elections (Article II) (Not applicable to cities and towns!)

7 THE LAW - RESOURCES  Arizona Election Law Pamphlet Constitution, Titles 16, 19, 38 Constitution, Titles 16, 19, 38 (Blue Book) (Aug 2014) (2015 Supplement in progress)  Attorney General Opinions (not law!)  Secretary of State (materials online) Campaign Finance Filing Guide Campaign Finance Filing Guide Election Procedures Manual (2014) Election Procedures Manual (2014)  League of Cities and Towns Municipal Election Manual (MEM) Municipal Election Manual (MEM) Campaign Finance Reports Handbook Campaign Finance Reports Handbook

8 LAW – Purpose & Limits Publicly disclose contributions & expenditures Publicly disclose contributions & expenditures Protect public contributions from misuse Protect public contributions from misuse Limit contributions to candidates (declining) Limit contributions to candidates (declining) Limitation on Regulation Limitation on Regulation First Amendment (political speech) First Amendment (political speech) Supreme Court Decisions Supreme Court Decisions – Striking restrictions, upholding disclosure

9 LAW - Enforcement By Public Disclosure of Information By Public Disclosure of Information Public & Candidates identify issues Public & Candidates identify issues Voters enforce by casting ballots Voters enforce by casting ballots Filing Officers Enforce Report Filing Filing Officers Enforce Report Filing Ensure that public disclosure occurs! Ensure that public disclosure occurs! Other CF violations – find reasonable cause Other CF violations – find reasonable cause Expanding role enforcing other violations! Expanding role enforcing other violations! Complaints being used as campaign strategy Complaints being used as campaign strategy

10 THE LAW – 2015 CHANGES Chapter 291 (HB 2589) Chapter 291 (HB 2589) (Eff 7/3/15) Electronic Filing for Campaign Finance Electronic Filing for Campaign Finance Authorizes SOS to develop filing database for elections other than state elections Authorizes SOS to develop filing database for elections other than state elections Cities & towns and other jurisdictions may opt in each election cycle Cities & towns and other jurisdictions may opt in each election cycle SOS may charge jurisdictions a fee SOS may charge jurisdictions a fee SOS goal to develop a statewide system by 2017 SOS goal to develop a statewide system by 2017

11 THE LAW – 2015 CHANGES Chapter 288 (HB 2415) “Election” – includes primary & general “Election cycle” – 21 days after general to 20 days after next general (end of reporting period) for a particular office Eliminates separate accounts (primary & general) Increases contribution limits to $6250 per cycle Session Law 2014 committees with surplus must form new committee for 2016 and transfer money Filing officers must assist committees that already amended SO to combine separate committees

12 THE LAW – 2015 CHANGES Chapter 297 (HB 2649) Changes definition of “Political Committee” Changes definition of “Political Committee” Eliminates general definition of committee Eliminates general definition of committee Association or combination of persons Association or combination of persons Organized to influence elections Organized to influence elections Engaging in political activity Engaging in political activity Receiving contributions & expenditures Receiving contributions & expenditures Removes $250 threshold for registration Removes $250 threshold for registration

13 THE LAW – 2015 CHANGES Chapter 297 (HB 2649) Chapter 297 (HB 2649) (Cont) Defines several committee types separately Defines several committee types separately Most types are those previously listed as examples Most types are those previously listed as examples Association of persons is a committee IF (both): Association of persons is a committee IF (both): Organized for primary purpose of influencing election Organized for primary purpose of influencing election Receives contributions or makes expenditures in excess of $500 in connection with an election in a calendar year Receives contributions or makes expenditures in excess of $500 in connection with an election in a calendar year

14 THE LAW – 2015 CHANGES Chapter 292 (HB 2595) Late Filing of Reports Late Filing of Reports Late filing penalty ($10/day) no longer paid to file Late filing penalty ($10/day) no longer paid to file Filing officers must now accept reports without payment of late fees Filing officers must now accept reports without payment of late fees Clarifies late penalty ($10/day) accrues only until report filed Clarifies late penalty ($10/day) accrues only until report filed Filing officers cannot enforce for late reports until 31 days after due date Filing officers cannot enforce for late reports until 31 days after due date

15 Overview of Clerk Responsibilities 1. “Filing Officer” for campaign finance documents for your city or town 2. Assign Committee ID numbers & keep Log 3. Provide Notice and Statement of Org to applicants for Initiative, Referendum & Recall (also Title 19 Pamphlet)

16 Overview of Clerk Responsibilities 4. Receive Campaign Finance Documents Campaign Financing & Reporting Statement Campaign Financing & Reporting Statement Statement have read campaign finance law Statement have read campaign finance law Candidates with nomination paper (in form) Candidates with nomination paper (in form) Committee officers with registration (in SO form) Committee officers with registration (in SO form) Committee Registration Documents Committee Registration Documents Statement of Org or $500 Exemption Statement Statement of Org or $500 Exemption Statement Periodic Reports Periodic Reports Contribution & Expenditure Reports Contribution & Expenditure Reports No Activity Statement No Activity Statement Annual No Activity Statement (Candidates only) Annual No Activity Statement (Candidates only)

17 Overview of Clerk Responsibilities 4. Receive Campaign Finance Documents (Cont) Candidate Contribution Notices (New 2013) Candidate Contribution Notices (New 2013) File Notice of receipt of $1000 or more from a single source within 20 days before election File Notice of receipt of $1000 or more from a single source within 20 days before election Does not apply to cumulative contributions (AG Op) Does not apply to cumulative contributions (AG Op) “10K” Notices “10K” Notices Large amounts (ballot measures and recall) Large amounts (ballot measures and recall) Termination Statements – (SO & $500 ES) Termination Statements – (SO & $500 ES) “Registrations” & Notices for Independent Expenditures by Corps, LLCs & Labor Orgs “Registrations” & Notices for Independent Expenditures by Corps, LLCs & Labor Orgs

18 Overview of Clerk Responsibilities 5. Post Campaign Finance Documents on Internet (if population over 2500) CF Reports & List of committees that filed $500 ES CF Reports & List of committees that filed $500 ES Not required for Registration docs, Fin Disc, Notices Not required for Registration docs, Fin Disc, Notices May post on city/town site or League site May post on city/town site or League site 6. Enforce Campaign Finance Reporting Determine Failure to File (on time, sign, good faith) Determine Failure to File (on time, sign, good faith) Send Failure to File Notices Send Failure to File Notices Refer to attorney if remains delinquent Refer to attorney if remains delinquent Notify attorney if reasonable cause to believe there is some other violation of CF law Notify attorney if reasonable cause to believe there is some other violation of CF law

19 Overview of Clerk Responsibilities 7. Enforce Indep Exp Registration & Notice Filing Corps, LLCs and Labor Orgs making independent expenditures in candidate elections Corps, LLCs and Labor Orgs making independent expenditures in candidate elections Must “Register” for each election cycle Must “Register” for each election cycle If Notice of Expenditure filed – If Notice of Expenditure filed – Must verify whether entity has registered Must verify whether entity has registered If Not – categorize “unverified” & contact entity If Not – categorize “unverified” & contact entity If do not register within 5 days – categorize “delinquent” and “remove from public view” If do not register within 5 days – categorize “delinquent” and “remove from public view”

20 Responsibility Issues Compliance is ultimately the responsibility of the candidates & committees Compliance is ultimately the responsibility of the candidates & committees Law & Scope of duties unclear (growing) Law & Scope of duties unclear (growing) Interpretation and opinions differ Interpretation and opinions differ Some actions not required, but are appropriate for the Clerk role and further the purposes of the law Some actions not required, but are appropriate for the Clerk role and further the purposes of the law

21 Political Committees General definition of a committee stricken $250 threshold removed from definition Several types of committees defined separately –Candidates and committees they designate –Exploratory committee –Separate segregated fund (Corps & Labor Orgs) –Political party –Political organization

22 Political Committees Petition Groups –An association of persons that circulates a petition for a ballot measure or a recall is a committee –Other groups organized to support or oppose a ballot measure or a recall are NOT defined as a committee Groups no longer defined as a committee –Association organized to support or oppose one or more candidates –Association organized for purpose of making independent expenditures

23 Political Committees Association of persons is a committee IF (both): –Organized conducted or combined for primary purpose of influencing result of any election; AND –Knowingly receives contributions or makes expenditures of more than $500 in connection with an election during a calendar year Primary purpose must be influencing election –Appears to exclude many groups Must receive/expend more $500 in a calendar year –Appears to provide groups a $500 annual exception without requiring registration and reporting

24 Political Committees Committee to Make Independent Expenditures –Must meet definition of a committee in subsection F –Not primary purpose of many groups –A political committee that receives contributions and makes expenditures to support / oppose candidates, but “independent” of the candidates Distinguish from a Corp, LLC, Labor Org that makes “independent expenditures” from corporate funds to support or oppose candidates –Not required to register as a political committee

25 Political Committees “Independent expenditure” – is an expenditure  By a person or committee (not a candidate committee)  "Expressly advocates" for or against a candidate  Without cooperation or consultation with the candidate or the candidate’s committee (independent) Evaluating whether expenditure is “Independent”  New section 16-911  3-part test for trade associations  Serving on host committee for fundraising event not necessarily coordination!

26 Political Committees? Specific Situations... –A candidate? –Individual (not a candidate) acting alone? –Corporation that makes independent expenditures supporting a candidate? When to Consider Question... –Inquiry about candidacy (always on 1 st contact!) –Inquiry about making contributions to candidates

27 Political Committee Registration When to Register? Most committees - before engaging in "political activity“ –Accepting any contributions –Making any expenditures –Distributing any campaign literature –Circulating any petitions

28 Political Committee Registration When to Register? Subsection F committees (Association of persons) –Not required to register before engaging in "political activity“ –Not required to register using a $500 ES –Must register within 5 days after meeting definition of a committee –But... must disclose “Paid for By” and committee name as registered on any literature or advertisement?

29 Political Committee Registration How to Register? Statement of Organization –If intends to receive / expend more than $500 –Must file all applicable reports $500 Threshold Exemption Statement –If intends to receive / expend less than $500 –“Exempt” from filing reports – but must track money! –If exceed $500, must file Stmt of Org within 5 bus days

30 Political Committee Registration Penalty for Failure to Register Civil penalty – Up to 3x amount received/expended Nomination petition signatures –Filing officers have no authority to invalidate signatures –No statute invalidating signatures as for Init / Ref / Recall –But... since 2006, Superior Court has invalidated sigs –No appellate ruling yet to rely on

31 Candidate Committees Candidate may be chairman and treasurer Committee name must include candidate name Candidate must designate a committee for each Election –May form new committee or designate existing –If use existing, how designate? By amending / updating Statement of Org Filing first report for new election cycle? Only one committee per election (cycle), but may have more than one in existence at a time

32 Exploratory Committees Chairman & Treasurer must be different people Committee name must include name of designating individual (potential candidate) Person may have only one exploratory committee at a time Can circulate nomination petitions Limited value for elected officials now

33 Other Political Committees Chairman & Treasurer must be different people Committee name must identify the "sponsoring" organization, if any Out of state committees –May register in AZ if registered in another state or for federal elections

34 Standing Political Committees Eligibility to be “Standing” committee –Active in more than 1 jurisdiction more than 1 yr –One of the specific types of eligible committees File a Statement of Organization with the Secretary of State and a copy in each jurisdiction in which the committee is active –Registration Statement must be notarized (must file paper) –Must file copy of amended Stmt Org in each jurisdiction Files Reports only with the Secretary of State Can’t be sponsor of candidate or other committees

35 Statement of Organization Contents –Name, contact info, sponsor, officers –Candidate name and office sought –Designate financial institution –Statement has read all CF laws (on form) Clerk issues ID number Amendments –Required for any change in required information –Must file within 5 days (no specific penalty)

36 Treasurer Duties Principal officer – has virtually all duties Authorize all expenditures, keep records Track details of all contributions and expenditures File reports Use best efforts to obtain donor info (at least 1 documented written or oral attempt) Preserve committee records - 3 years

37 Contribution Limitations Apply to CANDIDATES ONLY! Apply to CANDIDATES ONLY! SOS must adjust limits biennially (odd yrs) SOS must adjust limits biennially (odd yrs) Primary & general combined – 1 election Primary & general combined – 1 election Limits apply to an election for an office Limits apply to an election for an office One cycle per term (2 years or 4 years) One cycle per term (2 years or 4 years) Limit increased to $6250 per cycle Limit increased to $6250 per cycle After General, all surplus can be combined for subsequent election After General, all surplus can be combined for subsequent election

38 Contribution Limitations NO Limits on: NO Limits on: Total an individual can give to all candidates Total an individual can give to all candidates Total a candidate can receive from PACs Total a candidate can receive from PACs Use of candidate’s own money Use of candidate’s own money Foreign Contributions prohibited (Fed law) Foreign Contributions prohibited (Fed law)

39 Contribution Limitations Corporations and Labor Organizations Prohibited – Contributions directly to candidates Prohibited – Contributions directly to candidates Permitted – Permitted – Contributions to candidates from a segregated fund Contributions to candidates from a segregated fund  Funded by voluntary contributions solicited from employees, shareholders, retirees and families of entity and its affiliates Contributions to support or oppose ballot measures Contributions to support or oppose ballot measures Contributions to Independent Expenditure committees (which make expenditures for candidates) Contributions to Independent Expenditure committees (which make expenditures for candidates) “Independent Expenditures” for candidates (Corp $$) “Independent Expenditures” for candidates (Corp $$)

40 Disclosure for Campaign Lit & Ads For Candidates and “Independent Expenditures” Disclosure Requirements: Disclosure Requirements: “Paid for By” followed by the name of committee “Paid for By” followed by the name of committee For Independent Expenditures, also disclose: For Independent Expenditures, also disclose: The statement “Not authorized by candidate” The statement “Not authorized by candidate” Names of 3 largest contributors (during that year) Names of 3 largest contributors (during that year) Exceptions Exceptions Items too small to fit disclosure Items too small to fit disclosure Candidate’s own signs (assume paid by candidate) Candidate’s own signs (assume paid by candidate) Broadcast mediums – new specific requirements Broadcast mediums – new specific requirements

41 Disclosure for Campaign Lit & Ads Must provide copy of Independent Expenditure Ads to candidate! Required for political committees and organizations making “Independent Expenditures” Required for political committees and organizations making “Independent Expenditures” For an expenditure within 60 days before an election relating to a candidate or office For an expenditure within 60 days before an election relating to a candidate or office Must provide clear copy of the literature / ad to the candidate named or referenced Must provide clear copy of the literature / ad to the candidate named or referenced Must provide the copy within 24 hours of when submitted for printing, mailing or broadcast Must provide the copy within 24 hours of when submitted for printing, mailing or broadcast Not required to send copy to filing officer Not required to send copy to filing officer (as required for “10K Notices”)

42 Independent Expenditures by Corp, LLC or Labor Orgs Overview Permits use of corporate $$ to influence candidate elections if expenditures are “independent” Permits use of corporate $$ to influence candidate elections if expenditures are “independent” Same definition of “independent expenditure” as for political committees (no coordination w/ candidate) Same definition of “independent expenditure” as for political committees (no coordination w/ candidate) Entity must “register” only if cumulative expenditures in a city or town exceeds $1,000 Entity must “register” only if cumulative expenditures in a city or town exceeds $1,000 Must file a notice of expenditure each time exceed $1,000 in local races in a city or town Must file a notice of expenditure each time exceed $1,000 in local races in a city or town

43 Independent Expenditures by Corp, LLC or Labor Orgs “Registration” Not the same as for political committees! Not the same as for political committees! (No Statement of Org or $500 Exemption Stmt) Required only if cumulative expenditures in the jurisdiction exceed $1,000 (not all one candidate) Required only if cumulative expenditures in the jurisdiction exceed $1,000 (not all one candidate) Must register for each election cycle (if >$1,000) Must register for each election cycle (if >$1,000) Not required before expenditure (within 5 days) Not required before expenditure (within 5 days) Use special registration form for IEs (MEM) Use special registration form for IEs (MEM)

44 Independent Expenditures by Corp, LLC or Labor Orgs Notices of Expenditures - File with Clerk each time expenditures for city/town candidates exceeds $1000 File with Clerk each time expenditures for city/town candidates exceeds $1000 Form in League Manual Form in League Manual Must file within 24 hours after expenditure Must file within 24 hours after expenditure Expenditure occurs when info is mailed, published, submitted or posted - not when paid! Expenditure occurs when info is mailed, published, submitted or posted - not when paid! Clerk must make available to public Clerk must make available to public Not required to post on Internet! (SOS is!) Not required to post on Internet! (SOS is!)

45 Independent Expenditures by Corp, LLC or Labor Orgs Categorize Notices – Is Entity Registered? If registered – mark as verified and file If registered – mark as verified and file If not registered – If not registered – Categorize as “unverified” (and file) Categorize as “unverified” (and file) Must make reasonable effort to contact entity Must make reasonable effort to contact entity If entity does not register within 5 days – If entity does not register within 5 days – Mark Notice as “delinquent” Mark Notice as “delinquent” “Remove from public view”! “Remove from public view”! Public record! How? Public record! How?

46 Independent Expenditures by Corp, LLC or Labor Orgs Suggested Procedures Assign ID to each entity (“IE”, year, #) Assign ID to each entity (“IE”, year, #) File registrations by entity (alpha) File registrations by entity (alpha) File “Notices” by date & office File “Notices” by date & office Categorize and track by recording date in spaces provided Categorize and track by recording date in spaces provided “Remove” delinquent notices by placing in separate file “Remove” delinquent notices by placing in separate file

47 Independent Expenditures by Corp, LLC or Labor Orgs Enforcement of IE Notices Requires reasonable cause determination Requires reasonable cause determination City or town can make determination or refer to SOS City or town can make determination or refer to SOS Use process in 16-924 used for other campaign finance violations Use process in 16-924 used for other campaign finance violations

48 Independent Expenditures by Corp, LLC or Labor Orgs Non-Profit Corporation Issue (“Dark Money”) Non-Profit Corporation Issue (“Dark Money”) Has no “income” from operations to make expenditures Has no “income” from operations to make expenditures Not required to register a committee – so do not file Reports! Not required to register a committee – so do not file Reports! Non-profits being formed to make independent expenditures – with no disclosure of source of $$ Non-profits being formed to make independent expenditures – with no disclosure of source of $$ “Primary Purpose” Issue “Primary Purpose” Issue Cannot form for primary purpose of influencing elections - must register as political committee Cannot form for primary purpose of influencing elections - must register as political committee Difficult to prove “primary purpose” before election Difficult to prove “primary purpose” before election

49 Independent Expenditures by Corp, LLC or Labor Orgs “Issue Advocacy” Expenditures “Issue Advocacy” Expenditures Use of IE rules by Candidate Use of IE rules by Candidate Candidate forms a non-profit on a specific issue Candidate forms a non-profit on a specific issue Solicits donations or transfers surplus from campaign committees Solicits donations or transfers surplus from campaign committees Makes expenditures for Ads to promote issues and accomplishments on that issue Makes expenditures for Ads to promote issues and accomplishments on that issue Does not mention opponent or solicit vote (not influencing election) Does not mention opponent or solicit vote (not influencing election) Not required to register a committee and report Not required to register a committee and report Not required to file IE registration or notices Not required to file IE registration or notices No disclosure of source of funds, and contribution limits not apply No disclosure of source of funds, and contribution limits not apply

50 Reporting Political Committee Contributions & Expenditures Who must file? Who must file? Every political committee that has Stmt Org on file Every political committee that has Stmt Org on file What to file? What to file? Campaign Finance Report for the reporting period Campaign Finance Report for the reporting period OR - a No Activity Statement (if had no activity) OR - a No Activity Statement (if had no activity) Content of Reports Content of Reports Requirements in §16-915 Requirements in §16-915 See CF Handbook of Instructions / Forms See CF Handbook of Instructions / Forms

51 Reporting Political Committee Contributions & Expenditures When to file? (Depends on what year it is!) When to file? (Depends on what year it is!) For an Election year (regular election scheduled) For an Election year (regular election scheduled)  June Report  Pre and Post Election reports (for Primary & General)  Note: Preelection now due 4 days before election (Fridays) For a Year with No Scheduled Election For a Year with No Scheduled Election  January Report – file by Jan 31 of following year (in Elec yr) If a Special Election is called If a Special Election is called  Election year reports due  When does report filing begin? Unclear! Reporting period?

52 Reporting Political Committee Contributions & Expenditures Where to file? Where to file? Each jurisdiction where committee registered Each jurisdiction where committee registered Unless Standing Political Committee (only SOS) Unless Standing Political Committee (only SOS) Filing date? Filing date? Date of actual receipt in office Date of actual receipt in office By Certified Mail – US postmark date By Certified Mail – US postmark date By Commercial Delivery (confirmation date) By Commercial Delivery (confirmation date) If Due on Weekend/Holiday - Next business day If Due on Weekend/Holiday - Next business day Office closed on Friday? Monday? Be Open? Office closed on Friday? Monday? Be Open?

53 Reporting Political Committee Contributions & Expenditures Alternatives to Report No Activity Statements No Activity Statements IF NO contributions or expenditures during reporting period IF NO contributions or expenditures during reporting period Annual No Activity Statement (Candidate only) Annual No Activity Statement (Candidate only) IF IF Committee remains active because has outstanding debt Committee remains active because has outstanding debt Expects no activity during the next calendar year Expects no activity during the next calendar year File by January 31 for that year File by January 31 for that year Do not file reports or No Activity unless have activity Do not file reports or No Activity unless have activity

54 Candidate Notices of Receipt of $1000 Contribution - (“1K” Notices) New 2013 New 2013 Notice from candidate committee of receipt of - Notice from candidate committee of receipt of - Contribution of $1000 or more from a single source within 20 days before election Contribution of $1000 or more from a single source within 20 days before election Does not apply to cumulative contributions (AG Op) Does not apply to cumulative contributions (AG Op) File notice with filing officer within 72 hours File notice with filing officer within 72 hours Candidate or clerk NOT required to send to other candidates Candidate or clerk NOT required to send to other candidates Clerk not required to post on Web Clerk not required to post on Web Must include date, contributor, amount (on form) Must include date, contributor, amount (on form) Must disclose in next campaign finance report Must disclose in next campaign finance report

55 Reporting Software State Reporting State Reporting Web-based database application (2008) Web-based database application (2008) Committees enter data online Committees enter data online Reports “filed” with passwords Reports “filed” with passwords Note – reporting schedules different in state system Note – reporting schedules different in state system (Special cover sheet for committees using state system) SOS software – discontinued 2008 SOS software – discontinued 2008 Committees could track money and generate reports Committees could track money and generate reports AMCA / League explored taking over software AMCA / League explored taking over software

56 Reporting Software Online Database for Cities and Towns Online Database for Cities and Towns Phoenix developed and implemented Dec 2012 Phoenix developed and implemented Dec 2012 Committees can enter activity online Committees can enter activity online Provides electronic filing (now required in Phx) Provides electronic filing (now required in Phx) Reports post to web when filed Reports post to web when filed Public can search for reports, contributors Public can search for reports, contributors Intend to make available to League & other cities and towns Intend to make available to League & other cities and towns Added “10K”, IE and Candidate Notices Added “10K”, IE and Candidate Notices Changes completed - 2015! Changes completed - 2015! SOS developing Statewide system SOS developing Statewide system

57 Reporting Software Phoenix developed and implemented Dec 2012 Phoenix developed and implemented Dec 2012 Committees can enter activity online Committees can enter activity online Provides electronic filing (now required in Phx) Provides electronic filing (now required in Phx) Reports post to web when filed Reports post to web when filed Public can search for reports, contributors Public can search for reports, contributors Phoenix making improvements & adding Notices Phoenix making improvements & adding Notices HB 2665 change (one committee for Prim & Gen) required more changes HB 2665 change (one committee for Prim & Gen) required more changes Plan to provide to League & other cities and towns Plan to provide to League & other cities and towns When available? 2015! When available? 2015!

58 Financial Disclosure Distinguish from “campaign finance" Distinguish from “campaign finance" Campaign contributions and expenses Campaign contributions and expensesvs. Candidate’s personal financial information Candidate’s personal financial information Every city/town had to adopt standards (Did!) Every city/town had to adopt standards (Did!) Electronic filing not required for cities and towns Electronic filing not required for cities and towns Who must file? Who must file? Local public officers (if held office at any time during preceding calendar year) Local public officers (if held office at any time during preceding calendar year) Appointees Appointees Candidates Candidates

59 Financial Disclosure When to File? When to File? Public officers – by January 31 for prior year Public officers – by January 31 for prior year (Includes year after leave office, unless term ended in January!) Candidates - with nomination papers Candidates - with nomination papers Appointees - within 60 days of taking office Appointees - within 60 days of taking office Penalties for Failure (if “knowing”) Penalties for Failure (if “knowing”) Class 1 misdemeanor Class 1 misdemeanor $50 per day penalty up to $500 $50 per day penalty up to $500 Note: not like campaign finance reports! Note: not like campaign finance reports!  Penalty not automatic  Public Officer can file statement without paying Use Process in 16-924 to enforce (other CF violations) Use Process in 16-924 to enforce (other CF violations)

60 Campaign Finance 101 End of Part 1 CANDIDATE ELECTIONS Questions?


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