Campaign finance requirements for Alabama ballot measures

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Campaign finance requirements for Alabama ballot measures are promulgated by the Elections Division of the Alabama Secretary of State's Office Elections Division.

The Alabama Fair Campaign Practices Act governs most campaign finance laws under the Supervision of the Secretary of State's Office. If anyone who believes a violation of Alabama campaign finance laws happened including the Alabama Fair Campaign Practices Act, a person can file a complaint with the Alabama Attorney General. The Attorney General has full enforcement powers over Alabama campaign finance laws. Once a complaint is filed it is up to the Attorney General to determine what course of action needs to be taken.

General requirements

Annual report mandatory

All PAC's in Alabama must file the Annual Report in addition to the normal campaign finance reports that is due by January 31 each year[1].

PAC designation

All ballot measure groups in Alabama are considered Political Action Committees. Alabama law defines the PAC designation for any political action committee, club, association, political party, or other group of one or more persons which receives or anticipates receiving contributions or makes or anticipates making expenditures to or on behalf of any elected official, proposition, candidate, principal campaign committee or other political action committee[2].

Statement of Organization

If a PAC receives contributions or makes expenditures in excess of $1,000, the committee must file a Statement of Organization Form within 10 days of reaching that threshold or within 10 days of forming to the Alabama Secretary of State's Office. The statement and subsequent campaign finance reports are filed with the Alabama Secretary of State if the PAC supports statewide ballot measures, or with the local probate judge if the PAC supports local ballot measures[3].

Tax exemption clause

Some ballot measure groups in Alabama may be exempt from state taxes.

Campaign finance requirements

Blackout on fundraising

Alabama law mandates from January 12th to January 31, 2010 that fund-raising activities of any kind can take place. This means no contributions or solicitations[4].

Campaign fund account separation

The Alabama Fair Campaign Practices Act requires all campaign funds raised by PAC's to be separated. Alabama law prohibits staffers, members, or officers of PAC's from using their personal money to fund a operating PAC which includes ballot initiative groups[5].

Canceled check clause

Under the Alabama Fair Campaign Practices Act, PAC's are required to keep receipts and canceled checks for two years from the date of expenditure[6].

Filing Reports

After exceeding the threshold amount in either contributions or expenditures, a candidate is required to file reports at specific times[7].

Reporting requirements and reports

During an election year, pre-election reports are required before any election in which a proposition is on the ballot. On the summary page, the report should include the amount of cash on hand at the beginning of the reporting period, a total of all contributions and expenditures made during the reporting period, and the ending balance. Contributions and expenditures over $100 that have been received or expended during the reporting period should be itemized on the following pages of the report[8]..

Primary 50/45 report

This is the first campaign report for a PAC. The 50/45 report for the 2009-2010 election cycle takes all contributions and expenditures from June 1, 2009 to April 19, 2010. The report is due on April 19, 2010 with the first report submissions can be taken on April 12, 2010[4].

Primary 10/5 report

This is considered the second campaign report for a PAC that is mandatory. The 10/5 report for the 2009-2010 election cycle takes all contributions and expenditures from May 20, 2010 to May 25, 2010. The report is due via certified mail on May 25, 2010 before the June 1, 2010 primary[4].

General 50/45 report

This is considered the the third campaign report for a PAC that is mandatory. The general 50/45 report for the 2009-2010 election cycle takes all contributions and expenditures from May 25, 2010 to September 20, 2010. The report is due on September 20, 2010 with the first submissions allowed on September 13, 2010. The certified mail deadline for the general 50/45 report is on September 13, 2010[4].

General 10/5 report

The general 10/5 report is considered the last report before the general election for a PAC. The report covers funds raised and expenditures from September 21, 2010 to October 28, 2010 for the 2010 election cycle. The deadline for the report is on October 28, 2010. First submissions are allowed on October 25, 2010 with the certified mail submission due on October 26, 2010[4].

Annual report

The annual report is mandatory for all PAC's as this highlights their fund raising from October 29, 2010 and includes expenditures and contributions after the scheduled election on November 2, 2010. The report covers all fund raising up to January 11, 2011 the last date before the mandatory blackout. The deadline is January 31, 2011 for the 2010 election cycle[4].

Dissolving a Principal Campaign Committee

The chairman or treasurer of the campaign committee should submit a Statement of Dissolution Form to the secretary of state or local probate judge to dissolve a committee. The Statement of Dissolution must be accompanied by a final report detailing contributions and expenditures not previously reported and stating how excess funds will be distributed[9].

Unused campaign funds can be used for:

  • Necessary and ordinary expenditures of the campaign.
  • Expenditures related to performing the duties of the office elected to. This is defined as expenses related to performing the duties of the office and not for legislative per diems (living expenses).
  • Donations to the State General Fund (state budget), the Alabama Education Trust Fund, or equivalent county or municipal funds.
  • Donations to an organization to which a federal income tax deduction is permitted under subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended, or any other charitable, educational, or eleemosynary cause of Section 501 of Title 26 of the U. S. Code.
  • Legal Transfers to another political committee.
  • Inaugural or transitional expenses[10].

Restrictions on advertising

Alabama has advertising laws that require the advertisements to have clear disclosure. The Alabama Fair Campaign Practices Act requires: ”any paid political advertisement appearing in any print media or broadcast on any electronic media shall be clearly identified or marked as a paid political advertisement and provide the identification required by Alabama Law[11]. Identification of advertisements under Alabama Law is defined as The full name and complete address of the PAC[12].

Also, all print advertisements, cards, pamphlets, and buttons must have the name of the PAC identified on the material[13].

Have Questions or Need Forms?


Contact the Elections Division:
Elections Division
P.O. Box 5616 Montgomery, AL 36103-5616
Telephone:
1-800-274-VOTE
1-800-274-8683
1-334-242-7210

The Elections Division is located in the State Capitol at 600 Dexter Avenue in Montgomery, Alabama.

External links

References

  1. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-8 Alabama Fair Campaign Practices Act, Section (b))
  2. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-2 Alabama Fair Campaign Practices Act, Section 10)
  3. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-5 Alabama Fair Campaign Practices Act, Section 10)
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 "Alabama Secretary of State's Office, 2010 Election Fundraising deadlines
  5. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-3 Alabama Fair Campaign Practices Act, Section (b))
  6. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-3 Alabama Fair Campaign Practices Act, Section (d))
  7. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-8(a)(1) Alabama Fair Campaign Practices Act, Section (a)(1))
  8. ↑ [http://ali.state.al.us/hb100com.pdf "Alabama General Assembly" Alabama Election Law(Referenced Statute 17-5-9 FCPA)
  9. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-5(d) Alabama Fair Campaign Practices Act)
  10. ↑ "Alabama Legislature" Alabama Campaign Finance Law(Referenced Statute 17-5-7 Alabama Fair Campaign Practices Act)
  11. ↑ [http://ali.state.al.us/hb100com.pdf "Alabama General Assembly" Alabama Election Law(Referenced Statute 17-5-12 FCPA)
  12. ↑ [http://ali.state.al.us/hb100com.pdf "Alabama General Assembly" Alabama Election Law(Referenced Statute 17-5-13 FCPA)
  13. ↑ [http://ali.state.al.us/hb100com.pdf "Alabama General Assembly" Alabama Election Law(Referenced Statute 17-5-13 FCPA)
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Campaign finance for ballot measures
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