Independent Expenditures in State and Local Elections
What is an "independent" expenditure?
When an individual wants to support
or oppose a candidate in any election for state, county or
municipal public office, the ordinary way to do that is to make a
contribution to a candidate or a registered political
committee. However, sometimes a person wants to buy ads or
signs or print information to impact the outcome of the election
as an individual.
An expenditure is a lawful
independent expenditure only if three conditions exist.
Those conditions are:
-
the person uses his or her own
personal funds, with no money coming from any other source;
and
-
the person does not consult
with the candidate, the candidate's campaign (or in the case
of opposition, with an opposing candidate or campaign), or any
political action committee active in the election; and
-
the person making the
independent expenditure reports that spending as required by
law.
Independent Campaign Ads, Signs
& Publications
Let's use an example to explain these
requirements. Suppose Henry Smith wants to take out a
newspaper or radio advertisement independently to support Jane Doe
for State Senate. The ad must be prepared without help from
anyone working with Jane Doe's campaign, or with any political
committee which is supporting her. If help or consultation
comes from Jane or her supporters, the expenditure becomes an
indirect contribution to her campaign, and is subject to the
contribution limits and reporting requirements of her campaign.
When Henry Smith purchases the ad, sign or
publication, a "disclaimer" must be included which says
"Paid for by Henry Smith, not authorized by any candidate or
committee."
Reporting
After the independent expenditure is made, it must
be reported according to the same reporting requirements and
times, and with the same filing office required for the candidate
affected. For example, an independent expenditure for mayor
would be filed with the city clerk by the municipal reporting
deadlines, while an independent expenditure for State Senate would
be filed with the Secretary of State on the state election
schedule.
Form F7-B would be used regardless of office.
For detailed information about reporting
requirements and deadlines, see
Campaign Finance
Reporting.
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