Campaign Finance Administration

1. Campaign Finance Administration Disclaimer: This presentation is intended as a general interpretive resource only. Where important legal rights are concerned, you should consult with your own attorney to be fully and properly advised.

2. Where to File State Legislative Office: • Candidates file only with the Indiana Election Division, effective January 1, 2011. County, City, Town or Township Office (includes prosecutors and judges): • Candidates file with the County Election Board PACs and Legislative Caucus Committees: • Support Statewide or State Legislative Candidates then file with the state Election Division • Support County, City, Town or Township Candidates then file with County Election Board • Supporting more than one of these categories then file with the state Election Division

3. What to File: CFA-1 Statement of Organization • Must be filed within ten days of raising or spending $100 OR • Must be filed within ten days of becoming a candidate (filing declaration of candidacy) • Amendments may be filed as changes are made to the committee (office sought, new address, etc.) • If a candidate fails to file by Feb 15, 2019, the CEB must open committee on candidate’s behalf by Feb 28, 2019

4. What to File: CFA-4 Report of Receipts and Expenditures • Must be filed periodically while committee is open • Check report type box on the first page cover sheet • PrePrimary, Pre-Election, Annual, Final or Outgoing Treasurer • Check the box “final/disbanding” when you are closing your committee (lines 18, 19 and 20 must be $0.00)

5. Schedule A:Contribution Schedules • A1: Contributions from Individuals: • Include full name, mailing address, contribution date (when received), and check the type of contribution. • A2: Contributions by Corporations • A3: Contributions by Labor Organizations • A4: Contributions by PACs • A5: Contributions from other Organizations • For example, transfer in from a committee

6. Schedule A:Itemized Contributions • Must Itemize contributions more than $100 in cumulative contributions from single source • More than $100 is $100.01 • If a contribution is itemized, it must include: 1) Date and amount of contribution; 2) Full name and full mailing address of entity making contribution; and 3) Must identify the individual’s occupation if contributions from individual total $1,000 or more

7. Schedule A: Itemized Contributions • Contributions from foreign nationals are prohibited. There are no further limits placed on contributions from individuals • Only limits on contributions apply to contributions by corporations or labor organizations (and some persons associated with licensed gaming). • On CFA-4 Summary Sheet: • Enter total of Itemized contributions on all Schedule As on line 15a of CFA-4 report cover page. • Contributions of $100 or less (unitemized) must be entered on line 15b of CFA-4 report cover page • Total both columns

8. Schedule A: Itemized Contributions Practical Tip Keep at least the date and amount of contribution and the full name and mailing address of every entity making contribution because you never know when their cumulative contributions could exceed $100 in a calendar year

9. When is a contribution made or received? • A contribution is considered made when deposited in the mail or transferred to another person. • A contribution is received and accepted when a person has physical possession of the contribution and intends to keep it (by depositing cash contribution, for example).

10. Schedule B:Itemized Expenditures • On CFA-4 Summary Sheet: • Enter the total of itemized expenditures on line 17a of CFA-4 cover page • Enter the total of unitemized expenditures on line 17b ($100 or less in the aggregate) • Total columns A and B

11. Schedule B:Itemized Expenditures • You must itemize all expenditures exceeding $100 in the aggregate on Schedule B • Identify full name, mailing address, and occupation of person to whom expenditure made • On CFA-4 Summary Sheet: • Enter the total of itemized expenditures on line 17a of CFA-4 cover page • Enter the total of unitemized expenditures on line 17b • Total columns A and B

12. Schedule B: Expenditure Coding • “C”- Direct and in-kind contributions the campaign can legally make to other campaigns • “F”- Expenditures associated with holding a fundraiser. • “A”- Expenditures associated with the production and printing or copying of campaign communications. • “O”- General operating expenses and overhead (rent), postage, and travel

13. Debts and Loans • Schedule D: Debts owed by like a loan would be entered on Schedule A and reentered on Schedule D. Debts are totaled on line 19. • Schedule E: This is money loaned from your committee to another. Loans are totaled on line 20.

14. Debts and Loans Practical Tip Enter funds spent by candidate or funds candidate gives to committee as “loans” to committee and “debts” of committee so that candidate can get paid back if committee later collects contributions to cover loans

15. CFA-4 Signatures • Signed and dated by the treasurer of the committee and the candidate, if applicable.

16. 2019 Reporting Deadlines 2018 Annual Report ALL Candidates and PACs NOON, Wednesday, January 16, 2019 Party Committees NOON, Friday, March 1, 2019 Pre-Primary Report NOON, Monday, April 22, 2019, Candidates on the ballot for reporting period ending Friday, PACs and Party Committees April 12, 2019 Pre-General Report NOON, Friday, October 18, 2019 Candidates on the ballot for reporting period ending Friday, PACs and Party Committees October 11, 2019 2019 Annual Report NOON, Wednesday, January 15, 2020 ALL Candidates and PACs for reporting ending December 31, 2019 Regular Party Committees Monday, March 2, 2020

17. Large Contributions Definition: Contributions from a single contributor that are received after the regular reporting period and 48 hours before the election that, in the aggregate (combined in that period), total $1,000 or more. • Pre-Primary Received after April 12, 2019, and before 48 hours before the election • Pre-General Received after October 11, 2019, and before 48 hours before the election • Filing Deadline No later than 48 hours after receipt • Who files: Candidate on 2019 Primary or General Election Ballot ONLY

18. Large Contribution Reports (CFA-11)County Requirements • IC 3-9-5-22 requires counties to accept CFA-11s by FAX • Counties are not required to accept CFA-4s by FAX unless they have adopted a policy

19. Corporate and Labor Contribution Limits • Corporations and Labor Organizations are permitted to make direct contributions to candidate, regular party and political action committees. • However, their contributions are limited to the following maximum amounts: • For example, a Corporation or a Labor Organization may not give more than $2,000 in the aggregate (combined) to candidates for local office. See page 52 of the 2019 Indiana Campaign Finance Manual for more information

20. Corporate/Labor Contributions to Political Action Committees • Direct corporate and labor organization contributions to PACs must be “earmarked”, and are subject to the limitations under each category.

21. Delinquent/Defective Reports • Delinquent reports: • Hearings before the County Election Board, and • fines $50 per calendar day up to $1,000. • Defective Reports: • $10 per calendar day up to $100 after being given 5 days written notice from the county election board to correct and failing to do so.

22. Practical Advice • Tell candidates to file on time even if unsure if accurate or incomplete • Avoid fine • Able to amend • Can add explanatory letter for file • Close a committee, if you are defeated or you are finished with it • Committees do not automatically close - they remain open until the committee disbands by filing final/disbanding report • As long as committee is open you will have to file at least an annual report • Failure to file a report is subject to a $50 per calendar day fine, up to $1000 • CEB must determine by January 31 which committees to administratively disband