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

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===PAC Designation===
 
===PAC Designation===
  
Groups in support or opposition of a public question in Indiana are considered to be Political Action Committees.  They are defined as any group in the State of Indiana or out of state  to promote the passage or defeat of a public question<ref>[http://www.in.gov/legislative/ic/code/title3/ar5/ch2.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-5-2-37 Indiana Code)</ref>.
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Groups in support or opposition of a public question in Indiana are considered to be Political Action Committees.  They are defined as any group in the State of Indiana or out of state  to promote the passage or defeat of a public question<ref>[http://www.in.gov/legislative/ic/code/title3/ar5/ch2.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-5-2-37 Indiana Code)</ref>.
  
 
===Statement of organization===
 
===Statement of organization===
  
All Political Action Committees in support or opposition of a public question must file a Statement of Organization with the Secretary of State within 10 days of forming a committee<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch1.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-1-3 Indiana Code)</ref>.
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All Political Action Committees in support or opposition of a public question must file a Statement of Organization with the Secretary of State within 10 days of forming a committee<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch1.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-1-3 Indiana Code)</ref>.
  
 
===The 48 Hours rule===
 
===The 48 Hours rule===
  
Indiana law requires all large contributions in the last 25 days before a general or primary election to be reported within 48 hours of receipt to the Secretary of State<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana General Assembly'' "Indiana Campaign Finance Law"](See Reporting Deadlines, Page 8)</ref>.
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Indiana law requires all large contributions in the last 25 days before a general or primary election to be reported within 48 hours of receipt to the Secretary of State<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana General Assembly'', "Indiana Campaign Finance Law"](See Reporting Deadlines, Page 8)</ref>.
  
 
==Campaign finance requirements==
 
==Campaign finance requirements==
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===Corporate/labor union contributions===
 
===Corporate/labor union contributions===
  
Indiana allows corporations and labor unions to donate to any group influencing the passage or defeat of a public question<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-3 Indiana Code)</ref>.  There is no registration needed with the Elections Division if a corporation or labor union wishes to do so.
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Indiana allows corporations and labor unions to donate to any group influencing the passage or defeat of a public question<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-3 Indiana Code)</ref>.  There is no registration needed with the Elections Division if a corporation or labor union wishes to do so.
  
 
===Persons prohibited from donating===
 
===Persons prohibited from donating===
  
Under Indiana law, individuals who to seek to donate in another name<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html "Indiana General Assembly" Indiana Campaign Finance Law](Referenced Statute 3-9-2-3(c) Indiana Code)</ref>, foreign nationals or corporations<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch4.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-4-16 and 3-9-4-17 Indiana Code)</ref>, national banks and federally chartered corporations<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-3(c) Indiana Code)</ref>, along with contractors, suppliers, and employees of any company involved in regulated gaming in Indiana cannot contribute to a campaign in support or opposition of a ballot question<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Indiana Campaign Finance Manual"](See Page 69, Regulated Gaming Industry)</ref>.
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Under Indiana law, individuals who to seek to donate in another name<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html "Indiana General Assembly" Indiana Campaign Finance Law](Referenced Statute 3-9-2-3(c) Indiana Code)</ref>, foreign nationals or corporations<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch4.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-4-16 and 3-9-4-17 Indiana Code)</ref>, national banks and federally chartered corporations<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-3(c) Indiana Code)</ref>, along with contractors, suppliers, and employees of any company involved in regulated gaming in Indiana cannot contribute to a campaign in support or opposition of a ballot question<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Indiana Campaign Finance Manual"](See Page 69, Regulated Gaming Industry)</ref>.
  
 
===Separation of Funds===
 
===Separation of Funds===
  
Indiana law prohibits Political Action Committees to mix campaign funds with personal funds.  This is prohibited if the PAC makes expenditures or receives contributions over $200 or has the expectation of breaking the $200 threshold<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-9 Indiana Code)</ref>.
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Indiana law prohibits Political Action Committees to mix campaign funds with personal funds.  This is prohibited if the PAC makes expenditures or receives contributions over $200 or has the expectation of breaking the $200 threshold<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch2.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-2-9 Indiana Code)</ref>.
  
 
==Reporting requirements and reports==
 
==Reporting requirements and reports==
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===25 day Pre-Primary report===
 
===25 day Pre-Primary report===
  
For most campaigns, the 25 day pre-primary report is considered the first and only campaign finance report for Political Action Committees influencing questions on the May ballot.  The report covers all campaign finance activity from when a ballot question first qualified up to 25 days before the primary.  The report is due 25 days before the primary election<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-5-6(c-1)) Indiana Code)</ref>.  For the 2010 election cycle the report covers all activity from January 1 to April 9, 2010.  The report is due on April 16, 2010<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
+
For most campaigns, the 25 day pre-primary report is considered the first and only campaign finance report for Political Action Committees influencing questions on the May ballot.  The report covers all campaign finance activity from when a ballot question first qualified up to 25 days before the primary.  The report is due 25 days before the primary election<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-5-6(c-1)) Indiana Code)</ref>.  For the 2010 election cycle the report covers all activity from January 1 to April 9, 2010.  The report is due on April 16, 2010<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
  
 
===25 day Pre-General report===
 
===25 day Pre-General report===
  
For most campaigns, the 25 day pre-general report is considered the first and only pre-election campaign finance report for Political Action Committees influencing questions the November ballot.  The report covers all campaign finance activity from when a ballot measure first qualified to 25 days before the election.  The report is due 25 days before the general election<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-5-6(c-2)) Indiana Code)</ref>.  For the 2010 cycle, the report covers all activity from January 1 to October 8, 2010 if the group has an ballot question on the November ballot.  The report is due on October 15, 2010<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State''  "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
+
For most campaigns, the 25 day pre-general report is considered the first and only pre-election campaign finance report for Political Action Committees influencing questions the November ballot.  The report covers all campaign finance activity from when a ballot measure first qualified to 25 days before the election.  The report is due 25 days before the general election<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-5-6(c-2)) Indiana Code)</ref>.  For the 2010 cycle, the report covers all activity from January 1 to October 8, 2010 if the group has an ballot question on the November ballot.  The report is due on October 15, 2010<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State''  "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
  
 
===Annual report===
 
===Annual report===
  
The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31st in a calendar year.  The report is due on Third Wednesday in January of the following year<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'' "Indiana Campaign Finance Laws"](Referenced Statute 3-9-5-10) Indiana Code)</ref>.  The report is due on January 19, 2011<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
+
The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31st in a calendar year.  The report is due on Third Wednesday in January of the following year<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch5.html ''Indiana General Assembly'', "Indiana Campaign Finance Laws"](Referenced Statute 3-9-5-10) Indiana Code)</ref>.  The report is due on January 19, 2011<ref>[http://www.in.gov/sos/elections/files/2010_Campaign_Finance_Manual.pdf ''Indiana Secretary of State'' "2010 Campaign Finance Manual"](See Reporting Deadlines, Page 8)</ref>.
  
 
==Campaign advertising restrictions==
 
==Campaign advertising restrictions==
  
Indiana law exempts campaigns in support or opposition of a public question to have a campaign disclaimer on the advertisements.  Federal laws apply to all broadcast advertising in Indiana pursuant to the ''McCain-Feingold Campaign Finance Reform Act''<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch3.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-3-2.5 (2) Indiana Code)</ref>.
+
Indiana law exempts campaigns in support or opposition of a public question to have a campaign disclaimer on the advertisements.  Federal laws apply to all broadcast advertising in Indiana pursuant to the ''McCain-Feingold Campaign Finance Reform Act''<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch3.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-3-2.5 (2) Indiana Code)</ref>.
  
 
==Dissolving a committee==
 
==Dissolving a committee==
  
Under Indiana law, a Political Action Committee can dissolve at any time.  Also, the local elections authority or the Indiana Elections Commission can disband the committee at anytime. This can be done if there is evidence that the committee will no longer receive contributions, make expenditures, continue operations, if they have not filed reports within three years, or to collect a judgment if found guilty of violating  campaign finance law.  The deadline for involuntary dissolution is the last Friday of January each year<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch1.html ''Indiana General Assembly'' "Indiana Campaign Finance Law"](Referenced Statute 3-9-1-12 (a)-(e)) Indiana Code)</ref>.
+
Under Indiana law, a Political Action Committee can dissolve at any time.  Also, the local elections authority or the Indiana Elections Commission can disband the committee at anytime. This can be done if there is evidence that the committee will no longer receive contributions, make expenditures, continue operations, if they have not filed reports within three years, or to collect a judgment if found guilty of violating  campaign finance law.  The deadline for involuntary dissolution is the last Friday of January each year<ref>[http://www.in.gov/legislative/ic/code/title3/ar9/ch1.html ''Indiana General Assembly'', "Indiana Campaign Finance Law"](Referenced Statute 3-9-1-12 (a)-(e)) Indiana Code)</ref>.
  
 
==External links==
 
==External links==

Revision as of 06:49, 6 May 2014

Campaign finance requirements for Indiana ballot measures are promulgated by the Indiana Secretary of State. The Secretary of State is responsible for handling all campaign finance reporting affairs in regards to reporting and administrative functions.

The State of Indiana maintains a searchable campaign finance disclosure database. The database lists all campaign finance information from groups in support or opposition of a public question.

If someone feels a person or committee violated Indiana campaign finance law, the first step is to file a complaint with the Secretary of State. The Secretary of State is responsible for investigating all complaints. All civil law violations are referred to the Indiana Election Commission while all criminal law violations are referred to the Attorney General[1].

General requirements

PAC Designation

Groups in support or opposition of a public question in Indiana are considered to be Political Action Committees. They are defined as any group in the State of Indiana or out of state to promote the passage or defeat of a public question[2].

Statement of organization

All Political Action Committees in support or opposition of a public question must file a Statement of Organization with the Secretary of State within 10 days of forming a committee[3].

The 48 Hours rule

Indiana law requires all large contributions in the last 25 days before a general or primary election to be reported within 48 hours of receipt to the Secretary of State[4].

Campaign finance requirements

Contribution limits

There are no limits on campaign contributions to Political Action Committees in support or opposition of a public question[5].

Corporate/labor union contributions

Indiana allows corporations and labor unions to donate to any group influencing the passage or defeat of a public question[6]. There is no registration needed with the Elections Division if a corporation or labor union wishes to do so.

Persons prohibited from donating

Under Indiana law, individuals who to seek to donate in another name[7], foreign nationals or corporations[8], national banks and federally chartered corporations[9], along with contractors, suppliers, and employees of any company involved in regulated gaming in Indiana cannot contribute to a campaign in support or opposition of a ballot question[10].

Separation of Funds

Indiana law prohibits Political Action Committees to mix campaign funds with personal funds. This is prohibited if the PAC makes expenditures or receives contributions over $200 or has the expectation of breaking the $200 threshold[11].

Reporting requirements and reports

Indiana uses a semi-annual reporting system. Each Political Action Committee files two pre-election reports and an annual report which is considered to be a post-election report.

25 day Pre-Primary report

For most campaigns, the 25 day pre-primary report is considered the first and only campaign finance report for Political Action Committees influencing questions on the May ballot. The report covers all campaign finance activity from when a ballot question first qualified up to 25 days before the primary. The report is due 25 days before the primary election[12]. For the 2010 election cycle the report covers all activity from January 1 to April 9, 2010. The report is due on April 16, 2010[13].

25 day Pre-General report

For most campaigns, the 25 day pre-general report is considered the first and only pre-election campaign finance report for Political Action Committees influencing questions the November ballot. The report covers all campaign finance activity from when a ballot measure first qualified to 25 days before the election. The report is due 25 days before the general election[14]. For the 2010 cycle, the report covers all activity from January 1 to October 8, 2010 if the group has an ballot question on the November ballot. The report is due on October 15, 2010[15].

Annual report

The annual report is a cumulative report that covers all campaign finance activity from January 1 to December 31st in a calendar year. The report is due on Third Wednesday in January of the following year[16]. The report is due on January 19, 2011[17].

Campaign advertising restrictions

Indiana law exempts campaigns in support or opposition of a public question to have a campaign disclaimer on the advertisements. Federal laws apply to all broadcast advertising in Indiana pursuant to the McCain-Feingold Campaign Finance Reform Act[18].

Dissolving a committee

Under Indiana law, a Political Action Committee can dissolve at any time. Also, the local elections authority or the Indiana Elections Commission can disband the committee at anytime. This can be done if there is evidence that the committee will no longer receive contributions, make expenditures, continue operations, if they have not filed reports within three years, or to collect a judgment if found guilty of violating campaign finance law. The deadline for involuntary dissolution is the last Friday of January each year[19].

External links

References

  1. [Details confirmed in a email with the Indiana Secretary of State on March 21, 2010]
  2. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-5-2-37 Indiana Code)
  3. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-1-3 Indiana Code)
  4. Indiana General Assembly, "Indiana Campaign Finance Law"(See Reporting Deadlines, Page 8)
  5. "Indiana General Assembly" Indiana Campaign Finance Law(Referenced Statute 3-9-2-6 Indiana Code)
  6. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-2-3 Indiana Code)
  7. "Indiana General Assembly" Indiana Campaign Finance Law(Referenced Statute 3-9-2-3(c) Indiana Code)
  8. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-4-16 and 3-9-4-17 Indiana Code)
  9. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-2-3(c) Indiana Code)
  10. Indiana Secretary of State "2010 Indiana Campaign Finance Manual"(See Page 69, Regulated Gaming Industry)
  11. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-2-9 Indiana Code)
  12. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-5-6(c-1)) Indiana Code)
  13. Indiana Secretary of State "2010 Campaign Finance Manual"(See Reporting Deadlines, Page 8)
  14. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-5-6(c-2)) Indiana Code)
  15. Indiana Secretary of State "2010 Campaign Finance Manual"(See Reporting Deadlines, Page 8)
  16. Indiana General Assembly, "Indiana Campaign Finance Laws"(Referenced Statute 3-9-5-10) Indiana Code)
  17. Indiana Secretary of State "2010 Campaign Finance Manual"(See Reporting Deadlines, Page 8)
  18. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-3-2.5 (2) Indiana Code)
  19. Indiana General Assembly, "Indiana Campaign Finance Law"(Referenced Statute 3-9-1-12 (a)-(e)) Indiana Code)