Campaign finance requirements in Delaware
 in Delaware |
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| Campaign finance |
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Federal campaign finance laws and regulations |
| Campaign finance reform |
| History of campaign finance reform |
| State by state comparison of campaign finance reporting requirements |
| Election policy |
| State information |
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Delaware campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within fifteen days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]
The rules governing federal election campaigns and contributions have evolved over the past generation as result of a number of Supreme Court decisions. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in Delaware as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.[7][8]
| Delaware contribution limits as of May 2015 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Individuals | Single candidates committees | PACs | Political party | Super PACs | Corporations | Unions | |||
| Statewide candidate (e.g., governor) | $1,200 | $1,200 | $1,200 | $75,000 | $0 | $1,200 | $1,200 | ||
| Senate candidate | $1,200 | $1,200 | $1,200 | $25,000 | $0 | $1,200 | $1,200 | ||
| House candidate | $600 | $600 | $600 | $5,000 | $0 | $600 | $600 | ||
| House | $600 | $600 | $600 | $3,000 | $0 | $600 | $600 | ||
| PAC | unlimited | $0 | unlimited | $0 | $0 | unlimited | unlimited | ||
| Party committees | $20,000 | $20,000 | unlimited | $0 | 20,000 | 20,000 | |||
| Ballot measures | $0 | $0 | $0 | $0 | $0 | $0 | $0 | ||
| Sources: Delaware Office of the Elections Commissioner, "Contributions Table," accessed May 22, 2015 | |||||||||
Candidate requirements
See statutes: Title 15, Chapter 80 of the Delaware Code
The campaign finance reporting process for candidates seeking state office in Delaware is outlined below. Candidates seeking federal office must file with the Federal Election Commission. Reporting details for federal candidates are not included in this section.
Candidates in Delaware may file all campaign finance reports through the Delaware Campaign Finance Reporting System, which can be accessed here.
Candidate committees
Before campaign finance reporting can begin, a candidate must form a candidate committee. All contributions and expenditures must be made through the candidate committee, and the candidate committee must keep records of such transactions. The committee must maintain those records for a period of three years. Each candidate may have only one candidate committee at a time. When forming the candidate committee, the candidate must name a treasurer. The treasurer must be separate from the candidate, but the candidate must share the responsibilities of keeping records and filing reports with the treasurer.[9]
A candidate seeking an office that pays $1,000 or less per year does not have to form a candidate committee or file campaign finance reports. The candidate does, however, have to sign a statement with the State Election Commissioner affirming that he or she does not intend to receive or spend more than $2,000 for the campaign. If the candidate receives or spends over $2,000, he or she must notify the State Election Commissioner within seven days and file all reports that would have been required during that election year.[10]
Reporting requirements
Reports must be cumulative for the election period and must include a sworn statement, signed by the candidate or the treasurer, attesting that every aspect of the report is true and correct and covers all campaign transactions required to be reported for the reporting period. Reports must include the following:[11]
- all cash and assets on hand at the beginning of the reporting period
- the name and address of each person who made a contribution in excess of $100 during the reporting period, along with the date and amount of those contributions; the total amount of contributions given by that contributor during the election cycle must also be included; if the contributor is not an individual and the contributions exceed $1,200, the name and address of one responsible party for that person must also be included
- the total contributions accepted that were not otherwise included in the report
- the name and address of each political committee involved in transferring funds during the reporting period, including the amount and date of each transfer
- the amount of each debt owed by or to the candidate committee in excess of $50 at the end of the reporting period, as well as the names and addresses of any lenders, borrowers or endorsers of such debt, including the date and interest rate of any loans and a description of any securities given
- the total amount of proceeds from events or sales of campaign-related items during the reporting period
- the total receipts during the reporting period
- the name and address of each person to whom any expenditure was made in an aggregate total of $100 or more, along with the amount, date and purpose of each expenditure
- the total amount of expenditures made by the candidate committee during the reporting period
- any in-kind contributions given to the candidate committee that have been assessed at fair-market value to be worth over $100
Reports must be filed for every reporting period during which a candidate committee is in existence. A candidate is jointly responsible with the treasurer for filing reports for the committee. The filing schedule is detailed in the table below.[11]
| Report | Time period covered by the report | Report due date |
|---|---|---|
| Annual Report | Day after last day reported on last report (or first day the candidate committee receives a contribution or makes an expenditure) through December 31 | 20 days after the last day covered in the report, unless it is a state holiday in which case it should be filed on the next business day |
| 30-Day Election Report | Day after last day reported on last report through 30 days before an election in which the candidate’s name will appear on the ballot | Two days after the last day covered in the report, unless it is a state holiday in which case it should be filed on the next business day |
| Eight-Day Election Report | Day after last day reported on last report through eight days before an election in which the candidate’s name will appear on the ballot | Two days after the last day covered in the report, unless it is a state holiday in which case it should be filed on the next business day |
Any funds remaining after a candidate committee has completed its reporting requirements for the election cycle and paid off all its debts may be:[12]
- transferred to successor committees for the same candidate and the same office without being subject to contribution limits
- transferred to successor committees for a different office, as long as the transfer remains within contribution limits
- donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax
- contributed to a political party, as long as the contribution remains within contribution limits for political parties
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the Delaware state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
- See also: Campaign finance agencies in Delaware and State election agencies
Candidates running for office may require some form of interaction with the following agencies:
Office of the State Election Commissioner
- Why: This agency oversees candidate filing, reporting and all election procedures.
- 905 S. Governors Ave, Suite 170
- Dover, DE 19904
- Telephone: 302-739-4277
- Email: [email protected]
- http://elections.delaware.gov/
- 905 S. Governors Ave, Suite 170
Public Integrity Commission
- Why: This agency administers ethics laws for the executive branch, financial disclosure laws for all three branches of government and all expense reporting laws.
- 410 Federal Street
- Margaret O'Neil Bldg., Suite 3
- Dover, DE 19901
- Telephone: (302) 739-2399
- Fax: (302) 739-2398
- http://depic.delaware.gov/
- 410 Federal Street
Recent news
The link below is to the most recent stories in a Google news search for the terms Delaware campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in Delaware
- Delaware
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ Vox, "Super PACs can spend unlimited amounts on elections, but must disclose their donors," accessed May 21, 2015
- ↑ Initiative & Referendum Institute of USC, “Delaware,” accessed May 22, 2015
- ↑ Delaware Code, "Title 15, Chapter 80, Subchapter I, Section 8003," accessed March 24, 2014
- ↑ Delaware Code, "Title 15, Chapter 80, Subchapter I, Section 8005," accessed March 24, 2014
- ↑ 11.0 11.1 Delaware Code, Title 15, Chapter 80, Subchapter IV, Section 8030," accessed March 24, 2014
- ↑ Delaware Code, "Title 15, Chapter 80, Subchapter III, Section 8022," accessed March 24, 2014
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