Campaign Finance Administration Enforcement Contact Information n Campaign

Campaign Finance Administration & Enforcement

Contact Information n Campaign Finance Coordinators Abbey Taylor (317)232 -3928 u abtaylor@iec. in. gov u Michelle Thompson (317)232 -3941 u mthompson@iec. in. gov u

Delinquent CFA-1 (statement of organization) n n Candidate filing January 7, 2015 to February 6, 2015 February 13, 2015 is deadline to file statement of organization CEB must then open committees for delinquent candidates by February 20, 2015 Note: candidates can open committee at any time prior to this date

Regular Party Committees (CFA-3) Application n Reporting n Ex. Monroe County Democratic Central Committee n

How to open a committee n Candidate failed to file CFA-1, now what? u File a CFA-1 on the candidate’s behalf. Naming the candidate both chairman and treasurer. « Example: Taylor for Treasurer Committee

CFA-4 Delinquency Notice (Form 1) n Annual Report (Jan. 21, 2015) u n Pre. Primary Report (Apr. 17, 2015) u n CEB must send notice by February 20, 2015 CEB must send notice by May 18, 2015 Pre. Election Report (Oct. 16, 2015) u CEB must send notice by November 16, 2015

CFA-11 n n CEB must accept by FAX Must be filed within 48 hours of receipt during the large contribution periods u Civil penalty schedule is the same as it is for other delinquent reports

What is a CFA-11? n n Large contributions of $1, 000 (aggregate, by contributor) received during supplemental reporting periods (25 days before primary or general election) Only applies to candidates!

Penalty Schedule n Delinquent Reports u n $50 per day, up to $1, 000 with the first day starting at noon Defective Reports u $10 per day, up to $100

CEB Administratively Disbands Committee n n n n IC 3 -9 -1 -12—Discretionary No reports filed in 3 years Less than $1, 000 cash on hand Notice sent to last known address of chairman and treasurer At hearing, board makes specific findings May waive any penalty previously imposed Must publish notice of action in paper

Campaign Finance Disclaimers If you spend money, or solicit a contribution, to finance a communication expressly advocating the election or defeat of a clearly identified candidate you must include a “disclaimer” in the communication.

Campaign Finance Disclaimer Language If both paid for and authorized by the candidate or candidate’s committee: n “Paid for by the Shemp for Sheriff Committee. ” If authorized by the candidate but paid for by someone other than the candidate or his committee: n “Paid for by the Good Government PAC and authorized by the Shemp for Sheriff Committee. ” If neither authorized nor paid for by the candidate, their committee or agents then: n “Paid for by John Dillinger, Al Capone, and Clyde Barrow and not authorized by any candidate or candidates’ committee. ”

Campaign Finance Exceptions for Disclaimers Certain items no longer require disclaimers: n Buttons, n Bumper Stickers, n T-Shirts, n Business Cards, n Pens, n Emery Boards…

Campaign Finance More on Disclaimers n n Political messages regarding Federal Candidates are regulated by the FEC and not Indiana law Political messages for local candidates on radio television are regulated by the FCC and not Indiana law but the FCC requires a disclaimer much like Indiana law requires.

Disclaimer Rules n n Disclaimer must be in at least size 7 point font Disclaimer must contrast with background color of material.

Campaign Finance Disclaimer- Enforcement n n n The penalty for not including a disclaimer under Indiana law is a Class A misdemeanor punishable by a $5, 000 fine, not more than one year in prison or both. Violations are reported to the county election board or the prosecuting attorney. (new) CEB may assess a civil penalty of up to $1, 000

Campaign Finance Enforcement Proceedings: Applicable Law n Open Door Law (IC 5 -14 -1. 5) n Election Law (IC 3 -9 -4) n Administrative Orders and Procedures Act (AOPA) (4 -21. 5 -3)

Campaign Finance Enforcement Prior to Enforcement Proceeding County election board must audit for late reports and send a delinquency notice not later than 30 days after a report was required to be filed

Conduct Enforcement Proceedings n n n CEB must conduct a public fact-finding hearing CEB must give “notice” CEB must provide an “opportunity to be heard” CEB must vote in public meeting whether to waive, reduce, or assess penalty CEB must adopt written order Parties have 30 days to appeal decision

Campaign Finance Enforcement Open Door Law Requirements n Public Notice Requirement: Notice (Date, Time & Place) of meeting must be posted 48 hours before the meeting. (excluding weekends and holidays) at office (See Form 2) u n Notices for the year must also be mailed, emailed or FAXed to media, if requested in writing, by Jan. 1 of the year Agenda, if used, must be posted at entrance prior to meeting.

Campaign Finance Enforcement Open Door Law Requirements n n In general, notice is not required to be published in newspaper. Publication of notice is not required for a campaign finance enforcement hearing unless the meeting also contains agenda items that require published notice

Campaign Finance Enforcement AOPA Requirements Administrative Orders & Procedures Act (AOPA) applies to finance hearings (IC 3 -9 -4 -17(j)) n u Requires Individual Notice to Committee: At Least 5 Days Notice (excluding Sat, Sun, and holiday) (IC 4 -21. 5 -3 -20) u u Content of Notice: a) Time, Place, and Nature of Hearing; b) Possibility of default for not appearing, and (c) Contact information (IC 4 -21. 5 -3 -20(c)); (Form 3) u Issue Order (Form 5)

Campaign Finance Enforcement Campaign Finance: AOPA n n AOPA requires testimony of witnesses be given under oath (IC 4 -21. 5 -3 -26(b)) u Any Member of CEB May Administer (Form 4) u CEB may subpoena persons and papers Proceedings may be informal without resort to rules of evidence applicable to courts (IC 4 -21. 5 -325(b))

Campaign Finance Enforcement County Election Board: Campaign Finance n n n CEB presents evidence against committee Committee given opportunity to defend CEB may ask questions CEB can waive or reduce penalty by unanimous vote if “unjust under the circumstances” (IC 3 -9 -4 -17; IC 3 -9 -4 -19) (See Form 5) CEB must vote to assess penalty

Campaign Finance Enforcement Proxies and Collecting Fines n n Proxy (IC 3 -6 -5 -4. 5) (Form 6) Non-reverting finance account IC 3 -9 -4 -17(j) and (k)) Funds available, with the approval of the county council, to supplement funds appropriated to administer campaign finance Check with county attorney for collection of unpaid fines

Summary n n n n Most candidates must file a Statement of Organization CEB audits reports CEB conducts hearings Public notice vs. Individual Notice Opportunity to be heard Vote must be taken publicly Issue a written order Parties have 30 days to appeal CEB decisions