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Campaign Finance
| Question | Answer |
|---|---|
| When do I become a candidate? | Several scenarios trigger a candidacy. The candidate: - Receives a contribution - Makes an expenditure - Gives consent for another person/committee to receive a contribution or make an expenditure to influence their nomination or election to office |
| What is an election contribution? | Any payment, donation, loan, service of money or any valuable thing to a candidate or committee for the purpose of influencing any election in the Commonwealth |
| Would paying debt incurred by a candidate count as an election contribution? | Yes |
| Would granting discounts or rebates not available to the general public be considered an election contribution? | Yes |
| What is an election expenditure? | The payment, distribution, loan or advancement of money or any valuable thing by a candidate, political committee or other person for the purpose of influencing the outcome of an election |
| Are expenditures election specific? | No, expenditures do not have to influence a particular election. Expenditures are made in an effort to influence an election. |
| Are salaries for campaign staff expenditures? | Yes |
| Is child care for the candidate's children while the candidate is campaigning an expenditure? | Yes |
| Is food for campaign volunteers an expenditure? | Yes |
| What is an in-kind contribution? | "Valuable things." Valuable items such as a computer or discount on rental property. |
| How is it reported if an individual makes an in-kind contribution to a candidate or committee? | The candidate is required to report the item as an In-kind Contribution or a Valuable Thing Received on Schedule II. The contribution is valued at the fair market value. There is no reporting required of the individual. |
| How is it reported if a political committee makes an in-kind contribution to a candidate? | The political committee donating the valuable thing must report it as an expenditure on Schedule III. The candidate receiving the valuable thing must report it as an in-kind contribution on Schedule II. |
| How is it reported if a corporation or labor union makes an in-kind contribution? | Corporations and labor unions cannot make a contribution of a valuable thing to a candidate. They must charge the candidate fair market value for the item. |
| I am an individual community member and I want to provide a candidate a 20% discount on office space that I own. How is this valued and reported? | This discount is considered an in-kind contribution. The candidate would be required to report the 20% discount as such on Schedule II. The candidate would then report the actual rent (80% of fair market value) as an Expenditure on Schedule III. |
| A political committee leases an office space at a 20% discount to a candidate. How is this reported? | The committee must report the 20% discount as an Expenditure on its Schedule III. The candidate must report the 20% discount as an in-kind contribution on Schedule II, and the 80% paid in rent money as an Expenditure on Schedule III. |
| A labor union leases an office space at a 20% discount to a candidate. How is this reported? | A labor union or corporation is not permitted to make an in-kind contribution. They must lease the space at the fair market value. |
| Upon receiving an anonymous contribution, what procedure must a candidate or political committee treasurer follow? | A candidate or treasurer should give all anonymous contributions to the State Treasurer within 20 days of its receipt. |
| Is there any limit to the amount of money that an individual can contribute? | No. However, if the aggregate amount is in excess of $100, it cannot be in cash. |
| May a corporation or unincorporated association (including a labor union) make a contribution to a candidate or a political committee? | No. Corporations or unincorporated associations cannot make contributions or expenditures to candidates or political committees. |
| May a corporation or unincorporated association (including a labor union) make independent expenditures in support of or in opposition to a candidate or referendum? | Yes. They must report such expenditures on an independent expenditure report when in excess of $100 (annual aggregate). |
| What are independent expenditures? | Independent expenditures are made by corporations (or unin. assoc)to support a candidate/referendum independent of said candidate or initiative. I.e. an advertisement supporting the election of a candidate w/out direct collaboration or exchange of funds. |
| In addition to filing an independent expenditure report, what else are corps and unincorp assocs required to do? | They must put a disclaimer on their advertisement that clearly states who financed the expenditure for the communication. |
| May a corporation or labor union use payroll deduction for its individual employee contributions to the corporation’s political action committee (PAC)? | Yes, but; - Contributions must be voluntary and employees must give a written statement that is retained for 3 years. -The corporation must send the PAC individual contributions and a list containing all relevant info (name, amount, date, etc). |
| If a corporation or labor union uses payroll deduction for individuals to contribute to their PAC, when does the contribution need to be distributed? Can they use corporate funds to support the PAC? | Contributions must be distributed to the PAC within 10 calendar days of receipt. Only individual or partnership contributions may go to the PAC that come from payroll deductions or annual dues and are documented. No corporate funds. |
| May a political committee incorporate (i.e. become a company) and still be able to make expenditures and take contributions? | If a political committee is formed for political purposes, it may incorporate. This is an exception to the rule that corporations cannot make contributions or expenditures. Corporations can still make independent expenditures regardless of this. |
| Are there any exceptions to the rule that it is required to disclose who paid for political advertisements? | Yes, the disclaimer requirement does not apply to bumper stickers, pins, buttons, pens, and similar small items upon which the statement cannot be conveniently printed. |
| Who enforces the campaign finance law and in what manner? | The Attorney General or District Attorneys in a county in which a violation has occurred have concurrent powers to enforce the campaign finance provisions of the Pennsylvania Election Code. |
| What is the role of PA DOS in campaign finance compliance? | The Pennsylvania Department of State’s role is administrative. The Department receives filings from candidates and political committees, and is authorized to: assess late filing fees, conduct audits, and investigate/report apparent violations. |
| What is the role of County BOEs in campaign finance compliance? | County BOEs accepts municipal filings, assesses late filing fees and investigates/reports apparent violations. |
| Can an elected candidate assume office if they haven't filed correctly? | No person may take public office until the appropriate supervisor (state or county) certifies that all campaign finance reports have been filed. |
| Are there any penalties for filing a late report? | Yes. The fee is $10 for each day or part of a day excluding weekends/holidays that a report is overdue. An additional fee of $10 is due for each of the first 6 days that a report is overdue. The maximum fee payable with respect to a single report is $250. |
| How can I request an audit? | Within 90 days after the last day for filing a report, any five registered voters of the Commonwealth or of a county, municipality, etc. may file a petition. County: Court of Common Pleas State: Commonwealth Court |
| May judicial retention candidates receive corporate or labor union contributions for their campaigns? | No. Corporations and labor unions are prohibited from making contributions in connection with the election of any candidate. |
| What are the registration and reporting requirements for a Federal PAC making contributions to Pennsylvania candidates for state office? | A Federal PAC must register as a PAC with PA to make contributions or expenditures to PA candidates. They must work with DOS to do this. |
| What records and information are candidates required by law to keep? | Candidates/committee must keep records of the names/addresses of each person who contributed over $10, and a record of all other info required to be reported under law. I.e. see the sections in this FAQ regarding registration, reporting, vouchers, etc. |
| What is a voucher? | Vouchers are receipted bills for expenditures made for more than $25. Vouchers must be retained for a period of three (3) years after the information is reported. |
| Are individuals who run for state or local party committees exempt from campaign laws? | Yes, candidates are defined as "individuals seeking nomination or election to public office". |
| Do contributions from candidates to a local political party committee trigger that political party’s registration with the Department if the party committee makes no expenditures to state candidates? | No. The local party committee is only required to register with the Department if it makes expenditures to candidates who file nomination petitions with the Department. |
| Who must sign an amended registration statement for a political committee? | The chairman or the treasurer. |
| How can a committee amend its registration statement? | The committee must file a letter containing the change or correction with the state or county. |
| When must an amendment to a registration statement be filed with the supervisor (county or state)? | Within 30 days of the change in registration information or within 30 days of the date on which the error is detected. |
| Why do committees need a chairman and a treasurer? | A political committee cannot make any contributions or expenditures if there is a vacancy in the office of chairman or treasurer. |