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

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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.
 
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 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<ref name="enforce" />.  If someone is found guilty of violating campaign finance law, the Commission in most cases imposes a monetary fine for civil law violations<ref name="enforce">[http://nadc.nol.org/en/index.html ''Nebraska Accountability and Disclosure Commission'' "Enforcement Procedure"]</ref>.  All matters involving violations of criminal law are referred to the [[Nebraska Attorney General|Attorney General]]'s Office for further prosecution<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-14,124.02 Nebraska Law)</ref>.
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If someone feels that person violated Nebraska campaign finance laws, then a complaint can be filed by the 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<ref name="enforce" />.  If someone is found guilty of violating campaign finance law, the Commission in most cases imposes a monetary fine for civil law violations<ref name="enforce">[http://nadc.nol.org/en/index.html ''Nebraska Accountability and Disclosure Commission'', "Enforcement Procedure"]</ref>.  All matters involving violations of criminal law are referred to the [[Nebraska Attorney General|Attorney General]]'s Office for further prosecution<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-14,124.02 Nebraska Law)</ref>.
  
 
==General requirements==
 
==General requirements==
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===Ballot question committee===
 
===Ballot question committee===
  
Nebraska defines all groups in support or opposition of a ballot question as a Ballot Question Committee<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1406 Nebraska Law)</ref>.
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Nebraska defines all groups in support or opposition of a ballot question as a Ballot Question Committee<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1406 Nebraska Law)</ref>.
  
 
===Statement of Organization===
 
===Statement of Organization===
  
All ballot question committees are required to file a statement of organization with the Accountability and Disclosure Commission within 10 days after receiving or expending $5,000 or more in a calendar year<ref>[http://nadc.nol.org/cf/index.html "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law](See Ballot question committee)</ref><ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1454 Nebraska Law)</ref>.
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All ballot question committees are required to file a statement of organization with the Accountability and Disclosure Commission within 10 days after receiving or expending $5,000 or more in a calendar year<ref>[http://nadc.nol.org/cf/index.html "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law](See Ballot question committee)</ref><ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1454 Nebraska Law)</ref>.
  
 
===Surety bond requirement===
 
===Surety bond requirement===
  
All ballot question committees must have a surety bond of $5,000.  All committees in must have this bond in place within 30 days of reaching $5,000 or more in expenditures made or contributions received.  The bond must be filed with a bond company licensed to do business in the State of Nebraska<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1461.01 Nebraska Law)</ref>
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All ballot question committees must have a surety bond of $5,000.  All committees in must have this bond in place within 30 days of reaching $5,000 or more in expenditures made or contributions received.  The bond must be filed with a bond company licensed to do business in the State of Nebraska<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1461.01 Nebraska Law)</ref>
  
 
==Campaign finance requirements==
 
==Campaign finance requirements==
  
 
===$50 cash limit===
 
===$50 cash limit===
Ballot Question Committees cannot receive contributions or make expenditures of $50 or more with cash<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1471 Nebraska Law)</ref>.
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Ballot Question Committees cannot receive contributions or make expenditures of $50 or more with cash<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1471 Nebraska Law)</ref>.
  
 
===Contribution limits===
 
===Contribution limits===
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===Expenditure restrictions===
 
===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<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1478 (1)-(3) Nebraska Law)</ref>.
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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<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1478 (1)-(3) Nebraska Law)</ref>.
  
Under Nebraska law, ballot question committees are banned from making expenditures to contractors that have engaged in business with the Nebraska State Lottery<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1476.01  Nebraska Law)</ref>.   
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Under Nebraska law, ballot question committees are banned from making expenditures to contractors that have engaged in business with the Nebraska State Lottery<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1476.01  Nebraska Law)</ref>.   
  
Expenditures for campaign advertising and communications are not considered to be expenditures as it is considered to be an independent expense for campaigns<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1419 (3)(a)-(e) Nebraska Law)</ref>.
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Expenditures for campaign advertising and communications are not considered to be expenditures as it is considered to be an independent expense for campaigns<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1419 (3)(a)-(e) Nebraska Law)</ref>.
  
 
===Filing reports===
 
===Filing reports===
  
All ballot question committees are required to file periodic campaign finance reports with the Nebraska Accountability and Disclosure Commission<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1464 Nebraska Law)</ref>.
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All ballot question committees are required to file periodic campaign finance reports with the Nebraska Accountability and Disclosure Commission<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1464 Nebraska Law)</ref>.
  
 
===Phone call disclosure===
 
===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<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1474.02 Nebraska Law)</ref>.
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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<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1474.02 Nebraska Law)</ref>.
  
 
==Reporting requirements and reports==
 
==Reporting requirements and reports==
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===1st Primary Statement===
 
===1st Primary Statement===
  
The 1st primary statement is the first of three primary election campaign finance reports for Ballot Question Committees.  The report covers all activity from January 1 to April 6, 2010.  The report is due on April 12, 2010<ref name="report">[http://nadc.nol.org/important_dates.html ''Nebraska Accountability and Disclosure Commission'' "2010 Campaign Finance Deadlines"]</ref>.
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The 1st primary statement is the first of three primary election campaign finance reports for Ballot Question Committees.  The report covers all activity from January 1 to April 6, 2010.  The report is due on April 12, 2010<ref name="report">[http://nadc.nol.org/important_dates.html ''Nebraska Accountability and Disclosure Commission'', "2010 Campaign Finance Deadlines"]</ref>.
  
 
===2nd Primary Statement===
 
===2nd Primary Statement===
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==Terminating a committee==
 
==Terminating a committee==
  
A ballot question committee may be dissolved by filing 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).  Also, the committee must be in full compliance with the rules and regulations of the Commission.  A committee may be also dissolved if the Commission determines that fees, penalties, and interest owed by a committee are uncollectable<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1453 Nebraska Law)</ref>.  Surplus funds can be sent to a candidate committee, a political party committee, a tax-exempt charitable institution (listed under the IRS code), or may return contributions to campaign contributors<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'' "Nebraska Campaign Finance Law"](Referenced Statute 49-1466 Nebraska Law)</ref>.
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A ballot question committee may be dissolved by filing 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).  Also, the committee must be in full compliance with the rules and regulations of the Commission.  A committee may be also dissolved if the Commission determines that fees, penalties, and interest owed by a committee are uncollectable<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1453 Nebraska Law)</ref>.  Surplus funds can be sent to a candidate committee, a political party committee, a tax-exempt charitable institution (listed under the IRS code), or may return contributions to campaign contributors<ref>[http://nadc.nol.org/pdf/2009%20NPADA_with%202009%20Amend_.pdf ''Nebraska Accountability and Disclosure Commission'', "Nebraska Campaign Finance Law"](Referenced Statute 49-1466 Nebraska Law)</ref>.
  
 
==External links==
 
==External links==

Latest revision as of 08:07, 7 May 2014

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 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[1]. 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 Attorney General's Office for further prosecution[2].

General requirements

Ballot question committee

Nebraska defines all groups in support or opposition of a ballot question as a Ballot Question Committee[3].

Statement of Organization

All ballot question committees are required to file a statement of organization with the Accountability and Disclosure Commission within 10 days after receiving or expending $5,000 or more in a calendar year[4][5].

Surety bond requirement

All ballot question committees must have a surety bond of $5,000. All committees in must have this bond in place within 30 days of reaching $5,000 or more in expenditures made or contributions received. 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

Ballot Question Committees cannot receive contributions or make expenditures of $50 or more 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. Three statements are required for both the general and primary election periods.

1st Primary Statement

The 1st primary statement is the first of three primary election campaign finance reports for Ballot Question Committees. The report covers all activity from January 1 to April 6, 2010. The report is due on April 12, 2010[13].

2nd Primary Statement

The 2nd primary statement is the second of three primary election campaign finance reports for Ballot Question Committees. The report covers all activity from April 7 to April 26, 2010. The report is due on May 3, 2010[13].

3rd Primary Statement

The 3rd primary statement is the final primary election campaign finance report. The report covers all activity from April 27 to June 15, 2010. The report is due on June 21, 2010[13].

1st General Statement

The 1st General Statement is the first of three pre-general election campaign finance reports. The report covers all activity from June 16 to September 28, 2010. The report is due on October 4, 2010[13].

Pre-Election Statement

The 2nd General Statement is the second of three pre-general election campaign finance reports The 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. 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. All contact information must be retained for six months after the ad was first published or released[14].

Terminating a committee

A ballot question committee may be dissolved by filing 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). Also, the committee must be in full compliance with the rules and regulations of the Commission. 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, a tax-exempt charitable institution (listed under the IRS code), or may return contributions to campaign contributors[16].

External links

References

  1. 1.0 1.1 Nebraska Accountability and Disclosure Commission, "Enforcement Procedure"
  2. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-14,124.02 Nebraska Law)
  3. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1406 Nebraska Law)
  4. "Nebraska Accountability and Disclosure Commission" Nebraska Campaign Finance Law(See Ballot question committee)
  5. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1454 Nebraska Law)
  6. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1461.01 Nebraska Law)
  7. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1471 Nebraska Law)
  8. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1478 (1)-(3) Nebraska Law)
  9. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1476.01 Nebraska Law)
  10. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1419 (3)(a)-(e) Nebraska Law)
  11. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1464 Nebraska Law)
  12. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1474.02 Nebraska Law)
  13. 13.0 13.1 13.2 13.3 13.4 13.5 Nebraska Accountability and Disclosure Commission, "2010 Campaign Finance Deadlines"
  14. NADC "Nebraska Campaign Finance Law"(Referenced Statute 49-1474.01(1)(2) Nebraska Law)
  15. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1453 Nebraska Law)
  16. Nebraska Accountability and Disclosure Commission, "Nebraska Campaign Finance Law"(Referenced Statute 49-1466 Nebraska Law)