Closing a Campaign
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What must be filed? |
When
the campaign is over, or a committee is ready to dissolve, there may be several steps to
take before the campaign reporting responsibilities are officially over.
- Once all bills and loans are paid, and any excess balance is
disposed of, a FINAL REPORT must be filed. Check both the current
reporting period and the "Final Report"
- Political Action Committees must also file a signed form: "Statement of
Dissolution of a Political Action Committee" (Form
F-6)
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Closing a Candidate's Campaign |
How
may the campaign dispose of excess funds? |
When a
candidate or candidate's committee has money remaining and all bills and loans are
paid,
the candidate's treasurer or financial agent, with the candidate's consent, may dispose of
the excess money in the ways listed below. The campaign may not just turn the
money over to the candidate. |
1. |
- The money may be donated to one or more charitable
organizations (in any amount);
- The money may be contributed to a party executive committee
(subject to contribution limitations); or
- The money may be contributed to other
candidate's campaigns
or to political action committees, (each contribution subject to normal contribution
limits).
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2. |
- If the number of contributors was reasonably small, the
excess money may be returned on a pro-rata basis to the contributors. To determine
the amount to be returned to each contributor, use this formula: Balance
Remaining divided by Total Contributions = Percent of Each Contribution
to be Returned
For example: $2,500 Balance / $20,000 Total Contributions = 12.5% of Each
Contribution to be Returned
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3. |
- After the candidate files a precandidacy statement for a
future election, the balance may be transferred to the new campaign.
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What
if there are unpaid bills and not enough money to pay them? |
If this
occurs, the candidate must either raise more money to pay all bills owed or contribute the
amount needed to the campaign and pay the bills. Some cautions:
- A corporation may not lawfully waive a campaign debt,
because the value becomes an illegal corporate contribution.
- A person may not waive the debt unless the amount would be a
legal contribution, and if so, the contribution would have to be reported.
- Another person cannot pay off the debts outside the campaign
fund, although they could make a contribution of money to the campaign (subject to the
$1,000 limit) and let the campaign pay the debt.
- If bills remain unpaid too long, a legal question may arise
about whether the company or person owed is making a contribution by deferring demand for
payment.
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What
if there are outstanding loans? |
As long
as loans remain unpaid, a candidate's campaign must continue to report. Additional
money can be raised from persons still eligible to contribute, or the candidate may decide
to take responsibility for the loans. For a candidate to do that, he or she must
report the amount of the loan as a contribution from the candidate, and then pay off the
loan and report that payment under the loans section.
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Closing a Political Action Committee
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How is it different from the candidate's rules? |
The
rules are not so different, except that:
- The committee must raise new lawful contributions enough to
cover any unpaid bills or outstanding loans.
- Contributions of excess funds to candidates are subject to
the total contribution limits for that candidate. For example, if the committee
contributed $500 in the general election to a candidate, and they want to contribute
excess funds the following spring, they could only contribute $500 more to that candidate,
providing the candidate also had outstanding debts or loans to repay.
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