Campaign finance requirements for Nebraska ballot measures
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Campaign finance requirements for Nebraska ballot measures are promulgated by the Nebraska Accountability and Disclosure Commission. The commission is responsible for all reporting and enforcement of campaign finance laws in the State of Nebraska.
The Commission has an online database that lists all campaign finance reports of ballot question committees registered in the State of Nebraska during a certain election cycle.
If someone feels that person violated Nebraska campaign finance laws, then a complaint can be filed by the Nebraska Accountability and Disclosure Commission. Once a complaint is filed, the commission fully investigates the complaint. The Commission holds a probable cause hearing to determine if campaign finance laws are violated. If someone is found guilty of violating campaign finance law, the Commission in most cases imposes a monetary fine for civil law violations[1]. All matters involving violations of criminal law are referred to the Nebraska Attorney General's Office for further prosecution[2].
General requirements
Ballot question committee
Nebraska defines all groups in support or defeat of ballot propositions as a Ballot Question Committee[3].
Statement of Organization
All ballot question committees are required to file a statement of organization with the Nebraska Accountability and Disclosure Commission within 10 days after raising, receiving or expending more than $5,000 in a calendar year[4] [5].
Surety bond requirement
All ballot question committees in Nebraska must have a surety bond of $5,000. All ballot question committees in Nebraska must have this bond within 30 days of making $5,000 or more in expenditures or contributions recieved. The bond must be filed with a bond company licensed to do business in the State of Nebraska[6]
Campaign finance requirements
$50 cash limit
Under Nebraska law, campaign contributions or expenditures of $50 or more cannot be done with cash[7].
Contribution limits
Under Nebraska law, there are no overall contribution limits for ballot measure groups. This means state political parties, corporations, labor unions, and individual contributors can give unlimited sums of money to groups registered in support or opposition of a ballot measure. The Nebraska Campaign Finance Limitation Act only applies to candidates and candidate committees.
Expenditure restrictions
Nebraska is considered to have some of the most restrictive laws in the nation for ballot question committees on how they can expend their money. Under the law, ballot question committees can only make expenditures for paying the normal overhead and operating expenses of a campaign. If ballot question committees pay signature gatherers, a special agent expenditure report must be filed with the Nebraska Accountability and Disclosure Committee[8].
Under Nebraska law, ballot question committees are banned from making expenditures to contractors that have engaged in business with the Nebraska State Lottery[9].
Expenditures for campaign advertising and communications are not considered to be expenditures as it is considered to be an independent expense for campaigns[10].
Filing reports
All ballot question committees are required to file periodic campaign finance reports with the Nebraska Accountability and Disclosure Commission[11].
Phone call disclosure
Under Nebraska law, any phone calls made for get-out-the vote efforts must disclose at the beginning of the phone call the person or organization who paid for the phone calls[12].
Reporting requirements and reports
During the year, ballot question committees are required to file six reports during the year.
1st Primary Statement
This is the first campaign finance report for ballot initiative groups in the State of Nebraska. This report covers from January 1, 2010 to April 6, 2010. The report is due on April 12, 2010[13].
2nd Primary Statement
This is the second campaign finance report for ballot initiative groups in the State of Nebraska. This report covers from April 7 to April 26, 2010. The report is due on May 3, 2010[13].
3rd Primary Statement
This is the third campaign finance report for ballot initiative groups in the State of Nebraska. This report covers from April 27 to June 15, 2010. The report is due on June 21, 2010[13].
1st General Statement
This is the fourth campaign finance report that is filed during the campaign season for a ballot question committee. This report covers all activity from June 16 to September 28, 2010. The report is due on October 4, 2010[13].
Pre-Election Statement
The pre-election statement is the last statement before the election for ballot question committees in Nebraska. This report covers all activity from September 29 to October 18, 2010. The report is due on October 25, 2010[13].
Post-Election Statement
The post-election statement is the final campaign finance report for ballot question committees in Nebraska. This report covers all activity from October 19 to October 31, 2010. The report is due on January 11, 2011[13].
Campaign advertising restrictions
All advertisements in support of opposition of a ballot question must have a disclaimer. The disclaimer must have the contact information of the person who pays for the ad and must have this information for six months after the ad was first published or released[14].
Terminating a committee
Under Nebraska law, a ballot question committee may be dissolved by a filing of a statement of dissolution with the Commission. Upon filing the statement, a committee must have paid all outstanding fees, penalties, and interest which may be owed and be in full compliance with the rules and regulations of the commission for dissolution of committees. A committee may be also dissolved if the Commission determines that fees, penalties, and interest owed by a committee are uncollectable[15]. Surplus funds can be sent to a candidate committee, a political party committee, or a tax-exempt charitable institution(listed under the IRS code) or may return such unexpended funds to the donors of the committee upon full dissolution[16].
External links
References
- ↑ "Nebraska Accountability and Disclosure Commission" Enforcement Procedure
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-14,124.02 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1406 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(See Ballot question committee)
- ↑ "NADC" Nebraska Campaign Finance Law(Referenced Statute 49-1454 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1461.01 Nebraska Law)
- ↑ "NADC" Nebraska Campaign Finance Law(Referenced Statute 49-1471 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1478 (1)-(3) Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1476.01 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1419 (3)(a)-(e) Nebraska Law)
- ↑ "NADC" Nebraska Campaign Finance Law(Referenced Statute 49-1464 Nebraska Law)
- ↑ "NADC" Nebraska Campaign Finance Law(Referenced Statute 49-1474.02 Nebraska Law)
- ↑ 13.0 13.1 13.2 13.3 13.4 13.5 "Nebraska Accountability and Disclosure Commission" 2010 Campaign Finance Deadlines
- ↑ "NADC" Nebraska Campaign Finance Law(Referenced Statute 49-1474.01(1)(2) Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1453 Nebraska Law)
- ↑ "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(Referenced Statute 49-1466 Nebraska Law)
