Candidates Public Officials - Microsoft
Candidates&PublicOfficials2014Revised 2/3/2014
DefinitionsCandidate: An individual who seeks nomination forelection or election to any public office.Public Official: Every elected state, county, & municipalofficial.Election Cycle: Begins the day following the date of anelection, and continues through and includes the dateof the next such election to the same public office.Reporting Period: Reporting period begins immediatelyafter the due date of the previous report and ends atmidnight on the date the next report is due.Qualifying Officer: Means person who qualifies acandidate for an election.
2014 CHANGESSTATE 12/State-Level.pdfDefinitionsAdded qualifying fees and attorney’s fees connected to thecampaign to “Ordinary and Necessary. OCGA 21-5-3(18)Added Council to the definition of “Public Officer”.OCGA 21-5-3(22)(E)Campaign Contribution Disclosure ReportALL candidates seeking election to statewide or stateoffices, state or statewide Elected Public Officials, orstate level non candidate committees are required to fileelectronically with the Commission.Removed language allowing a 15 day extension on finalreportAdded that a Final Report shall be filed “within 10 daysof the dissolution of a campaign or committee”Personal Financial Disclosure StatementALL candidates seeking election to statewide or stateoffices are required to file electronically with theCommissionTwo Business Day ReportFILE SCHEDULEFaxed TBDs must also be e-filed within five businessdays following the transmission of the fax.NON ELECTION YEARLate Filing feesJanuary 31Graduated late fees of 125, 250 and 1,000 areimposed by the person or entity with which filing isrequired for failure to timely file CCDRs and PFDs.June 30ELECTION YEARJanuary 31March 31 (HB 310)June 30September 30October 25December 31RUN OFF ELECTION6 days before run offSPECIAL ELECTION15 days prior to the special electionPublish a list on a quarterly bases of late/non-filers whowere required to file with the Commission.Removed the prohibition for using campaigns funds topay CCDR late fees.Commission receives first 25 from late fees received bythe Commission.Notice of late fees shall be sent to the candidate and thecandidate's committee in the same manner by which thepenalized report was filed with the commission.However, if the report in question was not filed or wasfiled with the commission in a manner other thanelectronic filing or certified mail, return receiptrequested, the commission shall utilize certified mail,return receipt requested, to notify the candidate and thecandidate's committee of the late fee due.Add the language that the postmark date is the primafacie evidence of filing.
2014 CHANGESLOCAL 12/Local-Level.pdfDOI/CCDR/PFDDOI/CCDR/PFDFile with the County Election Superintendent ifyou are a .File with the municipal clerk or, if there is no clerk,with the chief executive officer of the municipalityif you are a State Court JudgeSolicitorClerk of Superior CourtSheriffTax CommissionerTax AssessorTax ReceiverTax CollectorMayorAldermanJudge of Municipal CourtOther Elected Municipal OfficeCouncil MemberClerk of Municipal CourtMarshall of Municipal CourtOther Elected Count Office (except Soil & WaterConservation District Supervisors)CoronerMagistrateFile with the appropriate office if you meet theregistration and reporting requirements for thefollowing committees at a Local LevelCounty CommissionerJudge of Probate CourtRecall CommitteesJudge of Civil CourtBallot CommitteesJudge of Recorders CourtIndependent CommitteesSchool Board MemberPersons that make contributions or expenditures inexcess of 25,000.00 in a calendar yearSurveyor
2014 CHANGESLOCAL 12/Local-Level.pdfCandidates seeking election to county ormunicipal offices may use electronic means tofile their campaign contribution disclosurereports if such method is made available or mayfile by certified mail, or statutory overnightdelivery, or personal delivery.A combined total of contributions exceeding 2,500.00 nor make a combined total ofexpenditures exceeding 2,500.00 for thecampaign in such election cycle, then suchcandidate or campaign committee shall not berequired to file a report under O.C.G.A. §21-534(d)(d.1)(1).In the event a county or municipal candidate orelected county official or the chairperson ortreasurer of a campaign committee organized tobring about the nomination or election of suchcandidate signs and files with the ElectionSuperintendent (County) or City Clerk(Municipal) a written notice that such candidateor campaign committee does not intend toaccept during such election cycle:If such candidate or campaign committee exceedsthe 2,500.00 limit for either acceptingcontributions or making expenditures for suchcampaign during such election cycle but does notaccept a combined total of contributionsexceeding 5,000.00 in such election cycle normakes expenditures exceeding 5,000.00 in suchelection cycle, then such candidate or campaigncommittee shall be required to file only the June30 and October 25 reports. The first such reportshall include all contributions received andexpenditures made beginning January 1 of suchcalendar year.If such candidate or campaign committee acceptsa combined total of contributions exceeding 5,000.00 or makes expenditures exceeding 5,000.00 for such campaign during any suchelection cycle, then such candidate or campaigncommittee chairperson or treasurer shallthereupon be subject to the reportingrequirements of this Code section the same as ifthe written notice authorized by this subsectionhad not been filed.
2014 CHANGESLOCAL 12/Local-Level.pdfGraduated late fees of 125, 250 and 1,000 areimposed by the person or entity with which filing isrequired for failure to timely file CCDRs and PFDs.Election Superintendents:The appropriate official shall transmit an electroniccopy of the written notice (that a candidate does notintend to accept in excess of 2,500.00) by eFiling oreFax to the commission not later than ten days afterthe close of qualifying. The failure of the appropriateofficial to timely transmit such copy of the writtennotice to the commission shall not disqualify thecandidate or campaign committee from theexemption from report filing provided by thisparagraph.Reviews each Disclosure Report to determine thatsuch statement is in compliance with the requirementsof the Campaign Finance Act.Transmits, electronically by eFiling or eFax, a copy ofeach report to the Commission not later than 30 daysafter the close of the reporting period.Transmits, electronically by eFiling or eFax a copy ofeach such declaration of intention to the commissionnot later than ten days after the close of the reportingperiod.Graduated late fees of 125, 250 and 1,000 areimposed by the person or entity with which filing isrequired for failure to timely file CCDRs and PFDs.Maintain the envelope of all mailed reports.City Clerk or Chief Executive Officer:The appropriate official shall transmit an electroniccopy of the written notice (that a candidate does notintend to accept in excess of 2,500.00) by eFiling oreFax to the commission not later than ten days afterthe close of qualifying. The failure of the appropriateofficial to timely transmit such copy of the writtennotice to the commission shall not disqualify thecandidate or campaign committee from the exemptionfrom report filing provided by this paragraph.Reviews each Disclosure Report to determine that suchstatement is in compliance with the requirements of theCampaign Finance Act.Transmits, electronically by eFiling or eFax, a copy ofeach report to the Commission not later than 30 daysafter the close of the reporting period.Transmits, electronically by eFiling or eFax a copy ofeach such declaration of intention to the commissionnot later than ten days after the close of the reportingperiod.Graduated late fees of 125, 250 and 1,000 areimposed by the person or entity with which filing isrequired for failure to timely file CCDRs and PFDs.Maintain the envelope of all mailed reports.eFax number 1-866-914-7974
O.C.G.A. § 21-5-30.2(b) No agency and no person acting on behalf of anagency shall make, directly or indirectly, anycontribution to any campaign committee, politicalaction committee, or political organization or to anycandidate; but nothing in this Code section shallprohibit the furnishing of office space, facilities,equipment, goods, or services to a public officer foruse by the public officer in such officer's fulfillmentof such office.
Declaration of Intention toAccept Contributions(Form DOI)Reference: O.C.G.A. § 21-5-30 (g) Anyone who is not already a public officer and who plans torun for public office must file a Declaration of Intention toAccept Campaign Contributions BEFORE accepting suchcontributions. No such declaration is required of persons who are publicofficers and who plan to run for the same public office theycurrently hold. Statewide/State level file Form DOI with the Commission. County level file DOI with County Election Superintendent Municipal level file DOI with the Municipal 8/2014 FORMDOI1.pdf
Registration Form for aCampaign Committee (Form RC)Reference: O.C.G.A. § 21-5-3(2)and O.C.G.A. § 21-5-30(b) The term “campaign committee” as it relates to the candidate means thecandidate, person(s) or committee which accepts contributions or makesexpenditures for the purpose of bringing about the nomination or election ofan individual to any elected office. If a candidate has a campaign committee, the name and address of thecommittee, its chairman, treasurer and the candidate must be registered withthe Commission prior to accepting any contributions. No candidate may have more than one committee. No contributions may be accepted at any time there is a vacancy in either theposition of chairman or treasurer. One person may serve as both chairmanand treasurer. “Registration Form for a Campaign Committee” is filed with theCommission. When a candidate is elected to office, the candidate’s campaign committeeregistration will remain in effect as long as the candidate remains in officeuntil and unless the registration is canceled by the campaign committee or thecandidate. Any substantive changes to registration information of a committee must beupdated with the Commission within 7 business 08/2014 FORMRC.pdf
Choosing Option of SeparateAccounting (Form COOSA)Reference: O.C.G.A. § 21-5-43 (a) (2) A candidate who wishes to accept contributions for more thanone election at a time shall separately account for such campaigncontributions and shall file an “Option to Choose SeparateAccounting” form with the Commission prior to acceptingcontributions for any election other than the candidate’s nextupcoming election. A candidate is only required to file one Form COOSA whichshall be utilized for all subsequent elections to the same office,regardless of whether an election occurs in a new election rms/3/FormCOOSA2011.pdf
Reporting ScheduleFile Reports according to schedule Go to www.ethics.ga.gov Click on filing schedule (to the right sideof the page) Select Candidates Select your level Enter your applicable information See a full detailed filing schedule includingthe due date, end of the grace period, andwhen late filing fees apply.
You must start reporting when . . .Any one of these four items triggerthe reporting requirements. You file a Declaration of Intention toAccept Campaign Contributions Form DOI You or your committee accepts acontribution You or your committee makes anexpenditure You formally qualify
Reports CCDR PFD TBD Termination Statement
Campaign ContributionDisclosure Statement(CCDR) Campaign Contribution Disclosure Report is a report filedwith the appropriate filing office by a candidate or thechairperson or treasurer of a campaign committee settingforth all expenditures and contributions. Itemize all contributions and expenditures more than 100.00;and aggregate totals of all contributions and expenditures 100.00 or less Technical Defect: an incorrect date or a failure to include adate, an incorrect contributor's occupation or a failure toinclude a contributor's occupation, an incorrect address or email address or a failure to include an address or e-mailaddress, an incorrect employer or a failure to include anemployer, accounting errors, or any other similar defects. Each statewide and state official shall file with thecommission, in writing, a current e-mail address and shalladvise the commission, in writing, of any change to suchaddress within ten days of any change to such address. Suchinformation shall be provided to the commission prior toJanuary 31 each year.
When to File a CCDR Election Year January 31, March 31, June 30, September 30, October 25& December 31 In the event any candidate covered by this chapter has no opposition ineither a primary or a general election and receives no contribution morethan 100.00, such candidate shall only be required to make the initial andfinal report as required under this chapter Non-Election Year January 31 and June 30 Run-Off 6 days prior to Primary and/or General Run-Off 6 days prior to Special Primary Run-Off 6 days prior to Special Run-Off Special Election 15 days prior to Special Primary 15 days prior to Special Election December 31
CCDR GRACE PERIODS Campaign Contribution DisclosureReports have a five business day graceperiod in filing. If a report is due for a run-off election,the candidate will have a two business daygrace period in filing the required report.
Win, Lose, or Withdraw Any elected public officer, upon leaving public officewith excess contributions, is required to filesupplemental CCDR’s on June 30 and December 31of each year until the contributions are expended. Any unsuccessful candidate in an election is requiredto file CCDR’s for the remainder of the electioncycle, at the same times as a successful candidate. Any unsuccessful candidate who receivescontributions following the election to retire debtsincurred in the campaign for elective office isrequired to file a supplemental CCDR no later thanDecember 31 of each year until such unpaidexpenditures from the campaign are satisfied.
PERSONAL FINANCIALDISCLOSURE STATEMENT Every public officer and every candidate for electionas a public officer must file a Personal FinancialDisclosure Statement covering the period of thepreceding calendar year. Only one Personal Financial Disclosure Statement isrequired per calendar year. If a Public Officer chooses not to run for reelection, or for another public office, no PersonalFinancial Disclosure Statement need be filed in theyear qualifying to succeed him/her takes place.
WHEN TO FILE THEPERSONAL FINANCIALDISCLOSURE STATEMENT A Public Officer shall file not before January 1 nor laterthan July 1 of each year in office (except the year ofelection). A Candidate for Public Office other than statewide shallfile not later than the fifteenth day following the day onwhich the candidate qualifies. Candidates for a public office elected statewide mustfile their financial disclosure statements not later than sevendays after qualifying or filing a notice of candidacy. Statewidecandidates must disclose more information than othercandidates for public office. Statewide and State Filers must complete and mail in an originalPersonal Financial Disclosure PIN Application (which includes avalid email address) prior to filing electronically. There is no grace period for the Personal FinancialDisclosure Statement.
Two Business Day(TBD) Report The TBD Report addresses the period of time betweenthe last report due prior to the date of any election forwhich the candidate is qualified and the date of theelection. The TBD Report requires the disclosure of allcontributions (including loans) of 1,000.00 or more andmust be reported within two-business days of receipt ofthe contribution. The contribution must also be reported on the nextsucceeding regularly scheduled Campaign ContributionDisclosure Report. Must be sent by facsimile or electronic transmissionwithin two business days of receipt of contribution.Faxed TBDs must also be electronically filed within fivebusiness days following the transmission of the fax. There is no grace period for the TBD report.
Termination StatementAll campaigns and committees must file a terminationstatement within ten days of the dissolution of a campaign orcommittee which shall, among other things, identify theperson responsible for maintaining campaign records asrequired by the Act. The termination statement shall besubmitted with a final Campaign Contribution DisclosureReport which identifies a zero balance and zero indebtedness.
Use of Candidates Personal Funds/“Millionaires Clause” A candidate may use his own money or resources to finance acampaign or to supplement contributions received fromothers. Such use of personal funds by a candidate is a campaigncontribution; all such contributions must be reported. “Millionaires Clause” - Millionaire’s Clause provides that acandidate who loans money to his campaign will not be ableto use campaign funds to repay that loan after an election tothe extent that the loan exceeds 250,000.00.
Uses of Campaign Funds Ordinary and Necessary - O.C.G.A. 21-5-3 (18)Ordinary and necessary expenses shall include, but shall notbe limited to, expenditures made during the reporting periodfor qualifying fees, office costs and rent, lodging, equipment,travel, advertising, postage, staff salaries, consultants, filesstorage, polling, special events, volunteers, reimbursements tovolunteers, repayment of any loans received except asrestricted under subsection (i) of Code Section 21-5-41,contributions to nonprofit organizations, flowers for specialoccasions, which shall include, but are not limited to,birthdays and funerals, attorney fees connected to and in thefurtherance of the campaign, and all other expenditurescontemplated in Code Section 21-5-33. Disposition of Contributions - O.C.G.A. 21-5-33Including to defray ordinary and necessary expenses,fulfillment or retention of office, contribution to a charitableorganizations, transfer to national, state, or local committeeof any political party, pro rata repayment to persons makingsuch contribution, for use of future campaign for the sameoffice, for repayment of any prior campaign debt.
Maximum AllowableContribution LimitsNo person, corporation, political committee, or political party shall make, and nocandidate or campaign committee shall receive from any such entity, contributionsto any candidate for state-wide elected office which in the aggregate for an electioncycle exceed:Candidates for State-Wide OfficesSix thousand three hundred dollars ( 6,300.00) for a primary electionThree thousand seven hundred dollars ( 3,700.00) for a primary run-off electionSix thousand three hundred dollars ( 6,300.00) for a general electionThree thousand seven hundred dollars ( 3,700.00) for a general run-off electionCandidates for All Other OfficesTwo thousand five hundred dollars ( 2,500.00) for a primary electionOne thousand three hundred dollars ( 1,300.00) for a primary run-off electionTwo thousand five hundred dollars ( 2,500.00) for a general electionOne thousand three hundred dollars ( 1,300.00) for a general run-off election
Record Keeping Contributions of money received by the candidate orthe candidate’s campaign committee must bepromptly deposited in a separate campaigndepository account (separate from the personalbanking account of the candidate) opened andmaintained for this
Public Officials 2014 Revised 2/3/2014. Definitions Candidate: An individual who seeks nomination for election or election to any public office. Public Official: Every elected state, county, & municipal official. Election Cycle: Begins the day following the date of an
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