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CAMPAIGN FINANCE DIVISION 2010 DIRECTORS CONFERENCE. MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES. INDEPENDENT EXPENDITURES. NOT CONTRIBUTIONS BECAUSE THEY ARE NOT COORDINATED WITH THE CANDIDATE OR OTHER POLITICAL COMMITTEE.
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CAMPAIGN FINANCE DIVISION 2010 DIRECTORS CONFERENCE MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES
INDEPENDENT EXPENDITURES • NOT CONTRIBUTIONS BECAUSE THEY ARE NOT COORDINATED WITH THE CANDIDATE OR OTHER POLITICAL COMMITTEE. • MUST ADVOCATE FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE(S) OR CANDIDATES OF A CLEARLY IDENTIFIED POLITICAL PARTY. • NO LIMITATIONS ON FUNDING. • ADDITIONAL REPORTING AND MEDIA REQUIREMENTS.
DIFFERENCE BETWEEN INDEPENDENT EXPENDITURE (IE) FILER AND INDEPENDENT EXPENDITURE (IE) POLITICAL COMMITTEE • IE FILER IF NOT AN INDIVIDUAL, ENTITY DOES NOT MEET THE “MAJOR PURPOSE” TEST. • DISCLOSURE OF INFORMATION RELATED TO IE ONLY. • IE POLITICAL COMMITTEE MEETS MAJOR PURPOSE TEST. • DISCLOSURE OF ALL CONTRIBUTONS AND EXPENDITURES REGARDLESS OF PURPOSE.
WHO CAN MAKE INDEPENDENT EXPENDITURES? • PRIOR TO CITIZENS UNITEDONLY INDIVIDUALS AND THOSE ENTITIES THAT ARE ELIGIBLE TO CONTRIBUTE TO POLITICAL COMMITTEES. • AFTER CITIZENS UNITED ANY INDIVIDUAL OR ENTITY.
HOW DO WE KNOW THEY ARE OUT THERE? • DISCLOSURE REPORTING • MEDIA • OPPONENTS OF CANDIDATES SUPPORTED BY THE IE • WATCHDOG GROUPS • INTERESTED CITIZENS
WHAT SHOULD WE DO IF WE ARE AWARE OF AN IE THAT HASN’T BEEN REPORTED? • PROVIDE FRIENDLY REMINDERS---CALL OR EMAIL PERSON/ENTITY MAKING THE EXPENDITURE. • SEND FORMS FOR REPORTING. FOLLOW-UP IF RESPONSE NOT RECEIVED. • REFER TO SBE AS NON-COMPLIANT ENTITY.
WHAT ARE OUR MONITORING RESPONSIBILITES FOR UNKNOWN INDEPENDENT EXPENDITURES? • READ THE NEWSPAPER, WATCH TV AND LISTEN TO THE RADIO (IN YOUR SPARE TIME ) • FOLLOW-UP ON INFORMATION PROVIDED BY OTHERS TO YOUR OFFICE. • GOAL IS TO KEEP EVERYONE COMPLIANT SO THAT PUBLIC HAS PROPER DISCLOSURE.
WHAT IF THE REPORT IS LATE? • CERITIFY AS LATE TO SBE JUST AS ALL OTHER LATE REPORTS. THEY ARE PENALIZED IN THE SAME MANNER.
WHAT SHOULD A CANDIDATE DO IF THEY RECEIVE NOTICE THAT AN IE WAS MADE ON THEIR BEHALF? • DETERMINE IF ANYONE ON BEHALF OF THE CANDIDATE COORDINATED WITH THE ENTITY MAKING THE IE. IF NOT, NO REPORTING REQUIRED. • IF SO, REPORT AS AN INKIND CONTRIBUTION.
RELEVANT FORMS • CRO-2210A INDEPENDENT EXPENDITURE REPORT • CRO-2210B RECEIPTS FOR INDEPENDENT EXPENDITURES • CRO-2210C DISBURSEMENTS FOR INDEPENDENT EXPENDITURES