SLP Badge Transparent.png
Read the
State Legislative Tracker
New edition available now!




Difference between revisions of "Campaign finance requirements for Delaware ballot measures"

From Ballotpedia
Jump to: navigation, search
m (Text replace - " <ref>[http://d" to "<ref>[http://d")
m (Text replace - "e'' "" to "e'', "")
 
Line 3: Line 3:
 
The Commissioner of Elections is responsible for all administrative and reporting functions of the state's campaign finance laws.  Also, The Commissioner of Elections has a disclosure database for all campaigns registered in support or opposition of a ballot question.
 
The Commissioner of Elections is responsible for all administrative and reporting functions of the state's campaign finance laws.  Also, The Commissioner of Elections has a disclosure database for all campaigns registered in support or opposition of a ballot question.
  
If someone feels a person or committee violated Delaware campaign finance laws, the first step is to file a complaint with the Commissioner of Elections.  Upon receiving the complaint, the Commissioner refers the complaint to the [[Delaware Attorney General|Attorney General]] for investigating and prosecuting the complaint<ref>[http://delcode.delaware.gov/title15/c080/sc05/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8043)</ref>.
+
If someone feels a person or committee violated Delaware campaign finance laws, the first step is to file a complaint with the Commissioner of Elections.  Upon receiving the complaint, the Commissioner refers the complaint to the [[Delaware Attorney General|Attorney General]] for investigating and prosecuting the complaint<ref>[http://delcode.delaware.gov/title15/c080/sc05/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8043)</ref>.
  
 
==General requirements==
 
==General requirements==
Line 9: Line 9:
 
===PAC designation===
 
===PAC designation===
  
All groups in support or opposition of a ballot measure are considered to be Political Action Committees<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8002(12))</ref>.
+
All groups in support or opposition of a ballot measure are considered to be Political Action Committees<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8002(12))</ref>.
  
 
===Statement of Organization===
 
===Statement of Organization===
  
All Political Action Committees must file a Statement of Organization with the Commissioner of Elections no later than seven days after receiving contributions or making expenditures<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8005(1))</ref>.
+
All Political Action Committees must file a Statement of Organization with the Commissioner of Elections no later than seven days after receiving contributions or making expenditures<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8005(1))</ref>.
  
 
==Campaign finance requirements==
 
==Campaign finance requirements==
Line 19: Line 19:
 
===Cash limit===
 
===Cash limit===
  
Any contributor to a Political Action Committee registered in Delaware cannot accept more than $50 in cash contributions from a contributor<ref>[http://delcode.delaware.gov/title15/c080/sc02/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8012(a))</ref>.
+
Any contributor to a Political Action Committee registered in Delaware cannot accept more than $50 in cash contributions from a contributor<ref>[http://delcode.delaware.gov/title15/c080/sc02/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8012(a))</ref>.
  
 
===Contribution limits===
 
===Contribution limits===
Line 27: Line 27:
 
===Party contributions===
 
===Party contributions===
  
Delaware bans contributions made from state and local political party committees to Political Action Committees in support or opposition of a ballot measure<ref>[http://delcode.delaware.gov/title15/c080/sc02/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8012(b))</ref>.
+
Delaware bans contributions made from state and local political party committees to Political Action Committees in support or opposition of a ballot measure<ref>[http://delcode.delaware.gov/title15/c080/sc02/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8012(b))</ref>.
  
 
===Retention requirement===
 
===Retention requirement===
  
Under Delaware law, there is a three year retention requirement for all campaign finance records<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8005(2))</ref>.
+
Under Delaware law, there is a three year retention requirement for all campaign finance records<ref>[http://delcode.delaware.gov/title15/c080/sc01/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8005(2))</ref>.
  
 
==Reporting requirements and reports==
 
==Reporting requirements and reports==
Line 39: Line 39:
 
===30 day pre-election report===
 
===30 day pre-election report===
  
The 30 day pre-election report covers all campaign finance activity from when a referendum first qualified on the ballot to thirty days before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(2))</ref>.  The report is due by 4:30 PM on the 28th day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(2))</ref>.
+
The 30 day pre-election report covers all campaign finance activity from when a referendum first qualified on the ballot to thirty days before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(2))</ref>.  The report is due by 4:30 PM on the 28th day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(2))</ref>.
  
 
===8 day pre-election report===
 
===8 day pre-election report===
  
The 8 day pre-election report covers all campaign finance activity from the 29th day before the election to the eighth day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(3))</ref>.  The report is due by 4:30 PM on the sixth day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(3))</ref>.
+
The 8 day pre-election report covers all campaign finance activity from the 29th day before the election to the eighth day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(3))</ref>.  The report is due by 4:30 PM on the sixth day before the election<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(3))</ref>.
  
 
===Annual report===
 
===Annual report===
  
The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(1))</ref>.  The report is due 20 days after the end of the reporting period<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(1))</ref>.
+
The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(b)(1))</ref>.  The report is due 20 days after the end of the reporting period<ref>[http://delcode.delaware.gov/title15/c080/sc04/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8030(c)(1))</ref>.
  
 
==Campaign advertising restrictions==
 
==Campaign advertising restrictions==
  
All advertisements, except on items that have a length of less than 9 square inches, must display as the disclaimer: "Paid for by (name of political committee or other person paying for such literature or advertising)"<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8021 Delaware Code)</ref>.  All advertising done from an independent expenditure campaign must be disclosed as: "Paid for by (name of person paying for the literature, advertising or other message). Not authorized nor paid for by any candidate or by any committee of any candidate. The cost of presenting this message is not subject to any campaign contribution limits"<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8049 Delaware Code)</ref>.
+
All advertisements, except on items that have a length of less than 9 square inches, must display as the disclaimer: "Paid for by (name of political committee or other person paying for such literature or advertising)"<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8021 Delaware Code)</ref>.  All advertising done from an independent expenditure campaign must be disclosed as: "Paid for by (name of person paying for the literature, advertising or other message). Not authorized nor paid for by any candidate or by any committee of any candidate. The cost of presenting this message is not subject to any campaign contribution limits"<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8049 Delaware Code)</ref>.
  
 
==Terminating a committee==
 
==Terminating a committee==
  
Any Political Action Committee that has completed its activities and paid off its creditors can dissolve at any time.  All surplus funds can be donated to a charity or a fire district<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'' "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8022 Delaware Code)</ref>.
+
Any Political Action Committee that has completed its activities and paid off its creditors can dissolve at any time.  All surplus funds can be donated to a charity or a fire district<ref>[http://delcode.delaware.gov/title15/c080/sc03/index.shtml ''Delaware Legislature'', "Delaware Campaign Finance Law"](Referenced Section Title 15, § 8022 Delaware Code)</ref>.
  
 
==External links==
 
==External links==

Latest revision as of 08:11, 7 May 2014

Campaign finance requirements for Delaware ballot measures are promulgated by the Delaware Commissioner of Elections.

The Commissioner of Elections is responsible for all administrative and reporting functions of the state's campaign finance laws. Also, The Commissioner of Elections has a disclosure database for all campaigns registered in support or opposition of a ballot question.

If someone feels a person or committee violated Delaware campaign finance laws, the first step is to file a complaint with the Commissioner of Elections. Upon receiving the complaint, the Commissioner refers the complaint to the Attorney General for investigating and prosecuting the complaint[1].

General requirements

PAC designation

All groups in support or opposition of a ballot measure are considered to be Political Action Committees[2].

Statement of Organization

All Political Action Committees must file a Statement of Organization with the Commissioner of Elections no later than seven days after receiving contributions or making expenditures[3].

Campaign finance requirements

Cash limit

Any contributor to a Political Action Committee registered in Delaware cannot accept more than $50 in cash contributions from a contributor[4].

Contribution limits

There are no contribution limits to Political Action Committees in support or opposition of a ballot measure. This applies to corporations, labor unions, individuals, and candidate committees.

Party contributions

Delaware bans contributions made from state and local political party committees to Political Action Committees in support or opposition of a ballot measure[5].

Retention requirement

Under Delaware law, there is a three year retention requirement for all campaign finance records[6].

Reporting requirements and reports

The State of Delaware uses a semi-annual campaign finance reporting system. Campaigns are required to file two pre-election reports and a annual report.

30 day pre-election report

The 30 day pre-election report covers all campaign finance activity from when a referendum first qualified on the ballot to thirty days before the election[7]. The report is due by 4:30 PM on the 28th day before the election[8].

8 day pre-election report

The 8 day pre-election report covers all campaign finance activity from the 29th day before the election to the eighth day before the election[9]. The report is due by 4:30 PM on the sixth day before the election[10].

Annual report

The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31[11]. The report is due 20 days after the end of the reporting period[12].

Campaign advertising restrictions

All advertisements, except on items that have a length of less than 9 square inches, must display as the disclaimer: "Paid for by (name of political committee or other person paying for such literature or advertising)"[13]. All advertising done from an independent expenditure campaign must be disclosed as: "Paid for by (name of person paying for the literature, advertising or other message). Not authorized nor paid for by any candidate or by any committee of any candidate. The cost of presenting this message is not subject to any campaign contribution limits"[14].

Terminating a committee

Any Political Action Committee that has completed its activities and paid off its creditors can dissolve at any time. All surplus funds can be donated to a charity or a fire district[15].

External links

References

  1. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8043)
  2. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8002(12))
  3. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8005(1))
  4. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8012(a))
  5. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8012(b))
  6. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8005(2))
  7. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(b)(2))
  8. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(c)(2))
  9. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(b)(3))
  10. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(c)(3))
  11. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(b)(1))
  12. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8030(c)(1))
  13. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8021 Delaware Code)
  14. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8049 Delaware Code)
  15. Delaware Legislature, "Delaware Campaign Finance Law"(Referenced Section Title 15, § 8022 Delaware Code)