FAIR CAMPAIGN PRACTICES ACT STATE ALABAMA THIS AREA FOR FICIAL USE ONLY Waiver of Report FOR ELECTED FICIALS AND CANDIDATES (OPTIONAL FORM) Please Print in Ink or Type. Name of Candidate or Elected Offi cial Offi ce Sought or Held (include district or circuit number, if applicable) Address Check box if reporting new address Political Party/Ballot Affi liation Type of Report (check one) Monthly Report Weekly Report Daily Report (state candidates and elected offi cials only) City State ZIP Code Telephone Number In any reporting period, no campaign fi nance report is required if the appropriate fi ling threshold has not been reached by the candidate. The fi ling thresholds are as follows: $25,000 - candidates for state offi ces $10,000 - candidates for State Senate $5,000 - candidates for State House of Representatives $5,000 - candidates for district or circuit offi ces $1,000 - candidates for local offi ces I have not reached the fi ling threshold amount as set forth in the Fair Campaign Practices Act for the offi ce for which I am seeking nomination or election. This OPTIONAL form gives notice that no contribution or expenditure report will be submitted. Signature of Candidate or Elected Offi cial Date
MONTHLY & WEEKLY FAIR CAMPAIGN PRACTICES ACT STATE ALABAMA Candidate & Elected Official Campaign Finance Report SUMMARY FORM 1 THIS AREA FOR FICIAL USE ONLY Print Form Name of Candidate or Elected Offi cial Address Check box if reporting new address Please Print in Ink or Type. Offi ce Sought or Held (include district or circuit number, if applicable) City State ZIP Code As required by the Alabama Fair Campaign Practices Act, I hereby swear or affi rm to the best of my knowledge and belief that the attached report(s) and the information contained herein are true and correct and that this information is a full and complete statement of all contributions, expenditures, and other required information during the applicable period of time. Political Party/Ballot Affi liation Telephone Number Summary of activity since last filed report 1 Beginning balance (ending balance from previous fi ling) Cash Contributions 2a Itemized cash contributions (total from Form 2) 2b Non-itemized cash contributions 2c Total cash contributions (add lines 2a and 2b) In-Kind Contributions 3a Itemized in-kind contributions (total from Form 3) 3b Non-itemized in-kind contributions 3c Total in-kind contributions (add lines 3a and 3b) Receipts from Sources 4a Itemized Receipts from Sources (total from Form 4) 4b Non-itemized Receipts from Sources 4c Total receipts from other sources (add lines 4a and 4b) Expenditures 5a Itemized expenditures (total from Form 5) 5b Non-itemized expenditures 5c Total expenditures (add lines 5a and 5b) 6 Ending balance (add lines 1, 2c, & 4c, then subtract line 5c) 2a 2b 3a 3b 3c 4a 4b 5a 5b Type of Report (check one) Monthly Amended Monthly Weekly Amended Weekly For Monthly Reports Month in which the report is fi led. For Weekly Reports Date of Friday in the week in which the report is fi led. Total Number of Pages in Report Candidates for State Office: File this report with the Office of the Secretary of State. Candidates for County or Municipal Office: File this report with the Judge of Probate of the county in which the office is sought. Sworn to and subscribed before me this day of of the year. My commission expires the day of of the year. 1 2c 4c 5c 6 Signature of Candidate or Elected Offi cial Date Signature of Notary Public FORM REVISED 10.27.2011 Print Notary's Name
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 2: Contributions received by candidate or elected official When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST in-kind contributions or loans on this form. Use Forms 3 and 4 for those listings. CONTRIBUTOR ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) SOURCE DATE RECEIVED FORM REVISED 10.27.2011 TOTAL CASH S THIS PAGE Business or Corporation Individual PAC Returned
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 3: In-Kind Contributions received by candidate or elected official When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or loans on this form. Use Forms 2 and 4 for those listings. CONTRIBUTOR ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) NATURE SOURCE DATE RECEIVED FORM REVISED 10.27.2011 TOTAL IN-KIND S THIS PAGE Administrative Advertising Consultants/ Polling Equipment Food Rent Transportation Business/ Corporation Individual PAC
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 4: Receipts from Sources loans, interest, and other sources of income When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or in-kind contributions on this form. Use Forms 2 and 3 for those listings. SOURCE RECEIPT ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) FORM RECEIPT COMPLETE THIS BLOCK IF RECEIPT IS A LOAN GUARANTORS RECEIPT SOURCE DATE RECEIVED FORM REVISED 10.27.2011 TOTAL RECEIPTS THIS PAGE RECEIPT PAC Individual Business [FCPA REQUIRES FULL NAME AND COM- PLETE INDIVIDUAL(S) EN- DORSING OR GUARANTEEING LOAN] Interest Loan Lending Institution
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 5: Expenditures by candidate or elected official When total expenditures to a single recipient exceed $100.00, the FCPA requires all expenditures to that recipient be itemized. PURPOSE EXPENDITURE PERSON/GROUP/BUSINESS RECEIVING EXPENDITURE ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) OTHER GIVE BRIEF EXPLANATION DATE EXPENDITURE FORM REVISED 10.27.2011 TOTAL EXPENDITURES THIS PAGE EXPENDITURE Administrative Advertising Consultants/ Polling Charitable Contribution Food Fundraising Loan Repayment Lodging Transportation
DAILY FAIR CAMPAIGN PRACTICES ACT STATE ALABAMA Candidate & Elected Official Campaign Finance Report SUMMARY FORM 1 THIS AREA FOR FICIAL USE ONLY Please Print in Ink or Type. Name of Candidate or Elected Offi cial Political Party/Ballot Affi liation Date Covered by Report Offi ce Sought or Held (include district or circuit number, if applicable) Address Check box if reporting new address Total Number of Pages in Report Amended Daily Report City State ZIP Code Telephone Number Summary of activity since last filed report 1 Beginning balance (ending balance from previous fi ling) Cash Contributions 2a Itemized cash contributions (total from Form 2) 2b Non-itemized cash contributions 2c Total cash contributions (add lines 2a and 2b) In-Kind Contributions 3a Itemized in-kind contributions (total from Form 3) 3b Non-itemized in-kind contributions 3c Total in-kind contributions (add lines 3a and 3b) Receipts from Sources 4a Itemized Receipts from Sources (total from Form 4) 4b Non-itemized Receipts from Sources 4c Total receipts from other sources (add lines 4a and 4b) Expenditures 5a Itemized expenditures (total from Form 5) 5b Non-itemized expenditures 5c Total expenditures (add lines 5a and 5b) 6 Ending balance (add lines 1, 2c, & 4c, then subtract line 5c) 2a 2b 3a 3b 3c 4a 4b 5a 5b 1 2c 4c 5c 6 Candidates for State Office and State Elected Officials: File this report with the Office of the Secretary of State. Candidates for County or Municipal Office and County and Municipal Elected Officials: File this report with the Judge of Probate of the county in which the office is sought. As required by the Alabama Fair Campaign Practices Act, I hereby swear or affi rm to the best of my knowledge and belief that the attached report(s) and the information contained herein are true and correct and that this information is a full and complete statement of all contributions, expenditures, and other required information during the applicable period of time. Sworn to and subscribed before me this day of of the year. My commission expires the day of of the year. Signature of Candidate or Elected Offi cial Date Signature of Notary Public Print Notary's Name
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 2: Contributions received by candidate or elected official CONTRIBUTOR When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST in-kind contributions or loans on this form. Use Forms 3 and 4 for those listings. ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) SOURCE Business or Corporation Individual PAC Returned DATE RECEIVED TOTAL CASH S THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 3: In-Kind Contributions received by candidate or elected official When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or loans on this form. Use Forms 2 and 4 for those listings. NATURE SOURCE CONTRIBUTOR ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) Administrative Advertising Consultants/ Polling Equipment Food Rent Transportation Business/ Corporation Individual PAC DATE RECEIVED TOTAL IN-KIND S THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 4: Receipts from Sources loans, interest, and other sources of income When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or in-kind contributions on this form. Use Forms 2 and 3 for those listings. SOURCE RECEIPT ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) FORM RECEIPT Interest Loan COMPLETE THIS BLOCK IF RECEIPT IS A LOAN GUARANTORS [FCPA REQUIRES FULL NAME AND COM- PLETE INDIVIDUAL(S) EN- DORSING OR GUARANTEEING LOAN] Lending Institution RECEIPT SOURCE PAC Individual Business DATE RECEIVED RECEIPT TOTAL RECEIPTS THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 5: Expenditures by candidate or elected official When total expenditures to a single recipient exceed $100.00, the FCPA requires all expenditures to that recipient be itemized. PURPOSE EXPENDITURE PERSON/GROUP/BUSINESS RECEIVING EXPENDITURE ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) Administrative Advertising Consultants/ Polling Contribution Food Fundraising Loan Repayment Lodging Transportation OTHER GIVE BRIEF EXPLANATION DATE EXPENDITURE EXPENDITURE TOTAL EXPENDITURES THIS PAGE
ANNUAL Candidate & Elected Official Campaign Finance Report SUMMARY FORM 1A Please Print in Ink or Type. Name of Candidate or Elected Offi cial Offi ce Sought or Held (include district or circuit number, if applicable) Address FAIR CAMPAIGN PRACTICES ACT STATE ALABAMA Check box if reporting new address Political Party/Ballot Affi liation THIS AREA FOR FICIAL USE ONLY Calendar Year covered by this report. Amended Annual Report Termination Report City State ZIP Code Telephone Number Total Pages in Report Include this page in your count. SECTION I - Summary of activity from last filed report through December 31 of reporting year 1 Beginning balance (ending balance from previous fi ling) 1 Cash Contributions 2a 2b Itemized cash contributions (total from Form 2) Non-itemized cash contributions 2c Total cash contributions (add lines 2a and 2b) In-Kind Contributions 3a Itemized in-kind contributions (total from Form 3) 3b Non-itemized in-kind contributions 3c Total in-kind contributions (add lines 3a and 3b) Receipts from Sources 4a Total itemized receipts from other sources (total from Form 4) 4b 4c Total itemized receipts from other sources (add lines 4a and 4b) Expenditures 5a Itemized expenditures (total from Form 5) 5b Non-itemized expenditures 5c Total expenditures (add lines 5a and 5b) 6 Ending balance (add lines 1, 2c, & 4c, then subtract line 5c) SECTION II - Summary of activity for entire reporting year - January 1st through December 31st 7 8 9 10 Total non-itemized receipts from other sources Beginning balance (as of January 1 of reporting year) Total cash contributions for year Total in-kind contributions for year Total receipts from other sources for year 11 Total expenditures for year 12 Ending balance (add lines 7, 8, & 10, then subtract line 11) 13 Total campaign debt (total debt owed as of December 31) 13 2a 2b 3a 3b 3c 4a 4b 5a 5b 9 2c 4c 5c 6 7 8 10 11 12 As required by the Alabama Fair Campaign Practices Act, I hereby swear or affirm to the best of my knowledge and belief that the attached report(s) and the information contained herein are true and correct and that this information is a full and complete statement of all contributions, expenditures, and other required information during the applicable period of time. Sworn to and subscribed before me this day of of the year. My commission expires the day of of the year. Signature of Notary Public Signature of Candidate or Elected Offi cial Date Print Notary's Name
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 2: Contributions received by candidate or elected official CONTRIBUTOR When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST in-kind contributions or loans on this form. Use Forms 3 and 4 for those listings. ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) SOURCE Business or Corporation Individual PAC Returned DATE RECEIVED TOTAL CASH S THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 3: In-Kind Contributions received by candidate or elected official When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or loans on this form. Use Forms 2 and 4 for those listings. NATURE SOURCE CONTRIBUTOR ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) Administrative Advertising Consultants/ Polling Equipment Food Rent Transportation Business/ Corporation Individual PAC DATE RECEIVED TOTAL IN-KIND S THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED FICIAL FORM 4: Receipts from Sources loans, interest, and other sources of income When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized. DO NOT LIST cash or in-kind contributions on this form. Use Forms 2 and 3 for those listings. SOURCE RECEIPT ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) FORM RECEIPT Interest Loan COMPLETE THIS BLOCK IF RECEIPT IS A LOAN GUARANTORS [FCPA REQUIRES FULL NAME AND COM- PLETE INDIVIDUAL(S) EN- DORSING OR GUARANTEEING LOAN] Lending Institution RECEIPT SOURCE PAC Individual Business DATE RECEIVED RECEIPT TOTAL RECEIPTS THIS PAGE
ALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE & ELECTED FICIAL FORM 5: Expenditures by candidate or elected official When total expenditures to a single recipient exceed $100.00, the FCPA requires all expenditures to that recipient be itemized. PURPOSE EXPENDITURE PERSON/GROUP/BUSINESS RECEIVING EXPENDITURE ( SHOULD INCLUDE STREET OR P.O. BOX, CITY, STATE, AND ZIP) Administrative Advertising Consultants/ Polling Contribution Food Fundraising Loan Repayment Lodging Transportation OTHER GIVE BRIEF EXPLANATION DATE EXPENDITURE EXPENDITURE TOTAL EXPENDITURES THIS PAGE
FAIR CAMPAIGN PRACTICES ACT STATE ALABAMA THIS AREA FOR FICIAL USE ONLY Statement of Dissolution FOR ELECTED FICIALS, CANDIDATES AND POLITICAL ACTION COMMITTEES Please Print in Ink or Type. Name of Candidate or Elected Offi cial, or Political Committee Offi ce Sought or Held (include district or circuit number, if applicable) Address Check box if reporting new address City State ZIP Code Telephone Number Report Status (check one) No report required because I have had no activity since the last reporting period Termination report attached Note: If you have had activity since the last report fi led, you are responsible for fi ling the requisite Annual Report covering the last year of activity. However, the submission of a Termination Report along with the Statement of Dissolution will satisfy this requirement. This statement dissolves the above-named Principal Campaign Committee or Political Action Committee as of the day of in the year. Pursuant to 17-5-7(a) [Code of Alabama, 1975], any excess funds shall be disposed of in the following manner: As required by the Alabama Fair Campaign Practices Act, I hereby swear, or affi rm, to the best of my knowledge and belief that this Statement of Dissolution is true and correct. Signature of Candidate or Elected Offi cial, or Chairperson or Treasurer of Political Committee Date
Candidate Filing Guidelines Fair Campaign Practices Act Election 2012 Elections Division Office of the Secretary of State State of Alabama Beth Chapman, Secretary of State BECOMING A CANDIDATE FOR STATE, COUNTY, OR MUNICIPAL FICE FOR PURPOSES THE FCPA The Fair Campaign Practices Act (FCPA) defines a candidate as a person who has: 1. Qualified to be listed on an election ballot by filing qualification forms with a political party or by submitting a petition to run as an independent candidate; or 2. Received contributions or made expenditures for an election campaign equal to the following thresholds: $25,000 or more for statewide office $ 5,000 or more for circuit or district office $10,000 or more for State Senate $ 5,000 or more for State House of Representatives $ 1,000 or more for municipal or county office APPOINTING A PRINCIPAL CAMPAIGN COMMITTEE Within five (5) days of becoming a candidate, one must file an Appointment of Principal Campaign Committee Form with the Secretary of State, if seeking election to a statewide, circuit, or district office, or with the local probate judge, if seeking election to a municipal or county office. This form establishes the candidate's finance committee. A candidate may either serve as his or her own committee or may appoint a committee of two to five persons. This committee must report until dissolved. FILING REPORTS After exceeding the threshold amount in either contributions or expenditures, a candidate is required to file disclosure reports at specific times. If the filing threshold has not been exceeded, the candidate is not required to file disclosure reports. Failure to comply with FCPA reporting requirements may result in forfeiture of the election by the candidate and may result in a criminal conviction if prosecuted. PRE-ELECTION REPORTS Beginning 12 months out from an election, campaign finance disclosure reports are required once a candidate meets the filing threshold for the office to which he or she is seeking election. These reports must be filed at the following times: the last day of every month beginning 12 months before any election for which the committee receives contributions or makes expenditures with a view toward influencing the election. each Friday beginning the month prior to the election on any one day, beginning 8 days before the election when the committee receives or spends funds in excess of $5,000 on that day for any legislative, state school board or other statewide election. when a candidate receives a single contribution of $20,000 or more a report is due within two business days of the date of the receipt of the contribution if it is not included in a monthly, weekly or daily report. On the summary page, the report should include the amount of cash on hand at the beginning of the reporting period, a total of all contributions and expenditures made during the reporting period, and the ending balance. Contributions and expenditures over $100 that have been received or expended during the reporting period should be itemized on the following pages of the report. ANNUAL REPORT An Annual Report is required during both election and non-election years. This report may be filed after January 1 and must be filed no later than January 31. All candidates who have not dissolved their principal campaign committee and all state, county and municipal elected officials must file this report. The summary page for the annual report includes two sections: Section I Similar to a pre-election report, the candidate uses this section to report any activity since his or her last filing. The beginning balance is the ending balance from the last report filed. Forms 2 through 5 are used to itemize any contributions and expenditures that have not previously been reported. Section II In this section, the candidate reports the total contributions and expenditures for the calendar year. The beginning balance is the ending balance from the last annual report filed.
REPORTS FOR ELECTIONEERING COMMUNICATIONS NEW FOR 2012 Candidates who expend more than $1,000 on an "electioneering communication" are required to file disclosure reports. The reports must identify the source or sources of the funds used for the electioneering communication and the recipients of expenditures related to the electioneering communication [ 17-5-8(h)]. This reporting requirement applies even if the candidate has not yet reached the filing threshold for the office sought by the candidate. However, the candidate is not required to duplicate any reporting. For more information, consult Campaign Advertising Guidelines, a document available from the Secretary of State's Elections Division. RAISING MONEY Candidates may begin fund raising 12 months prior to the election. They may continue fund raising for 120 days after the election to pay off campaign debts but only to the extent of any campaign debt and only for debts that are directly related to lawful campaign expenditures. The FCPA prohibits candidates from receiving contributions from other principal campaign committees. However, principal campaign committees are allowed to transfer money from one principal campaign committee to another if the two principal campaign committees are for the same person [ 17-5-15(b)]. State candidates cannot solicit or receive contributions any time the Alabama Legislature is in session, unless the Legislature is in session within 120 days of an election. Candidates should note, however, that this prohibition does not apply to loans they may make to their own campaign committee. Fundraising by candidates for county and municipal offices is not affected by legislative sessions. The FCPA limits state and local principal campaign committees from receiving more than $1,000 from federal campaign committees [ 17-5-15.1]. DISSOLVING A PRINCIPAL CAMPAIGN COMMITTEE The chairman or treasurer of the campaign committee should submit a Statement of Dissolution Form to the secretary of state or local probate judge to dissolve a committee. The Statement of Dissolution must be accompanied by a final report detailing contributions and expenditures not previously reported and stating how excess funds will be distributed. USE CAMPAIGN FUNDS CANDIDATE FILING GUIDELINES FAIR CAMPAIGN PRACTICES ACT ELECTION 2012 office held. Expenditures that are reasonably related to performing the duties of the office held do not include personal and legislative living expenses, as defined in this chapter. This document is not a substitute for the Code of Alabama, 1975, as amended. This Candidates may use their campaign funds only as follows [ 17-5-7(a)]: document is provided as a guide and is not intended to be an authoritative statement For necessary and ordinary expenditures of the campaign. of law. For further legal information, please consult the Code of Alabama, 1975, as For expenditures that are reasonably related to performing the duties of the amended, or other appropriate legal resources. alavoter@vote.alabama.gov www.alabamavotes.gov 800-274-8683 334-242-7210 For donations to the State General Fund, the Education Trust Fund, or equivalent county or municipal funds. Donations to an organization to which a federal income tax deduction is permitted under subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended, or any other charitable, educational, or eleemosynary cause of Section 501 of Title 26 of the U. S. Code. For inaugural or transitional expenses. The FCPA prohibits candidates from giving contributions to [ 17-5-15(b)]: Political action committees 527 organizations Private foundations Principal campaign committees Principal campaign committees are allowed to transfer from one principal campaign committee to another if the two principal campaign committees are for the same person [ 17-5-15(b)]. STATEMENT ECONOMIC INTERESTS All candidates are required by the state ethics law ( 36-25-14, Code of Alabama, 1975) to file a Statement of Economic Interests with the appropriate election official at the same time they become a candidate. For more information on this requirement, contact the State Ethics Commission, P.O. Box 4840, Montgomery, AL 36103-4840, (334) 242-2997. FEDERAL CANDIDATES Candidates for federal office must comply with federal laws administered by the Federal Election Commission. The FEC can be reached by phone at 1-800-424-9530. The FEC web site is www.fec.gov. JUDICIAL CANDIDATES Judicial candidates are required by Canon 6C of the Canons of Judicial Ethics to make some additional filings with the clerk of the Alabama Supreme Court. DISCLAIMER
Campaign Advertising Guidelines Fair Campaign Practices Act Election 2012 Elections Division Office of the Secretary of State State of Alabama Beth Chapman, Secretary of State ELECTIONEERING COMMUNICATION The Fair Campaign Practices Act (FCPA) defines electioneering communication as any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which [ 17-5-2(a)(4)]: (i) (ii) (iii) contains the name or image of a candidate; is made within 120 days of an election in which the candidate will appear on the ballot; the only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election; and (iv) entails an expenditure in excess of one thousand dollars ($1,000). IDENTIFICATION RESPONSIBLE PARTY The Fair Campaign Practices Act (FCPA) specifies that a political advertisement or electioneering communication appearing in print and broadcast in any electronic media must clearly identify the entity responsible for paying for the advertisement or electioneering communication. Any printed campaign literature, political advertisement or electioneering communication must contain a clear and unmistakable identification of the entity responsible for directly paying for the advertisement or electioneering communication. Any political advertisement or electioneering communication appearing in broadcast media must contain a statement that the communication is a paid advertisement and must clearly identify the entity directly responsible for paying for the advertisement. These statements must appear at the beginning, during, or end of a radio or television spot. EXCEPTIONS TO IDENTIFICATION REQUIREMENTS The requirement to identify the entity responsible for paying for a campaign advertisement or electioneering communication does not apply to any political advertisement or electioneering communication used by a candidate and the candidate's supporters or by a political committee if the message or advertisement is: Designed to be worn by a person. Placed as a paid link on an Internet website, provided the message or advertisement is no more than 200 characters in length and the link directs the user to another Internet website that complies with the identification requirements. Placed as a graphic or picture link where compliance with the identification requirements are not reasonably practical due to the size of the graphic or picture link and the link directs the user to another Internet website that complies with the identification requirements. Placed at no cost on an Internet website for which there is no cost to post content for public users. Placed or distributed on an unpaid profile account which is available to the public without charge or on a social networking Internet website, as long as the source of the message or advertisement is patently clear from the content or format of the message or advertisement. A candidate or political committee may prominently display a statement indicating that the website or account is an official website or account of the candidate or political committee and is approved by the candidate or political committee. A website or account may not be marked as official without prior approval by the candidate or political committee. Distributed as a text message or other message via Short Message Service, provided the message is no more than 200 characters in length or requires the recipient to sign up or opt in to receive it. Connected with or included in any software application or accompanying function, provided that the user signs up, opts in, downloads, or otherwise accesses the application from or through a website that complies with the identification requirements. Sent by a third-party user from or through a campaign or committee's website, provided the website complies with the identification requirements. Contained in or distributed through any other technology related item, service, or device for which compliance with the identification requirements is not reasonably practical due to the size or nature of such item, service, or device as available, or the means of displaying the message or advertisement makes compliance with the identification requirements impracticable.
CAMPAIGN ADVERTISING GUIDELINES FAIR CAMPAIGN PRACTICES ACT ELECTION 2012 DOES THE FCPA SPECIFY WORDING FOR THE IDENTIFICATION STATEMENT? No, the law does not give a specific format for wording the disclaimer. However, the FCPA does state that political advertisements must be identified or marked as a paid advertisement. Such words as paid advertisement by, paid for by, paid political ad meet the requirements of the act; however, an advertiser is not limited to just those phrases. Attorney General's Opinion 94-227 states that words which indicate that the advertisement is a paid political advertisement meet the requirements of the law. In addition, the disclaimer must contain the identification of the person, candidate, principal campaign committee, non-profit corporation, or other entity placing the ad or distributing the electioneering communication. Under the FCPA, the term identification means full name and complete address. The attorney general has stated in AG's Opinion 94-227 that a complete address includes the street or post office box, city, and state. DOES THE U.S. SUPREME COURT RULING IN MCINTYRE V. OHIO ELECTIONS COMMISSION AFFECT FCPA DISCLAIMER REQUIREMENTS? That case, which involved an individual who distributed anonymous leaflets opposing a proposed school tax levy, has a very limited impact. Alabama's attorney general has written in AG's Opinion 95-218 that the ruling is limited to individuals who distribute anonymous written material (particularly leaflets) in a non-candidate election. In all other circumstances, the advertising is subject to the identification requirements. IS THERE A PENALTY FOR FAILING TO COMPLY? The attorney general or a district attorney may prosecute any person who violates the FCPA. The penalty for failing to comply with the advertising requirements is a fine of not more than $2,000 and/or imprisonment of not more than one year. DISCLOSURE REQUIREMENTS FOR ELECTIONEERING COMMUNICATIONS Any person, principal campaign committee, political action committee, non-profit organization, or other entity paying for an electioneering communication must disclose the contributions received for funding the electioneering communication and to whom payments are made related to the electioneering communication. forms and at the time times as required of political action committees. EXEMPTIONS FROM DISCLOSURE REQUIREMENTS The following entities are exempt from the disclosure requirements for electioneering communications: Churches, unless the church s expenditures are used to influence the outcome of an election. A church shall not be required to disclose the identities, donations, or contributions of members of the church. As used in FCPA, the term church is defined in accordance with and recognized by Internal Revenue Service guidelines and regulations. Any membership or trade organization, when using an electioneering communication to communicate with or inform its members, its members families, or its members employees. CORPORATE LIMITS The corporate contribution limits contained in 10A-21-1.02, 10A-21-1.03, and 10A- 21-1.04 of the Code of Alabama shall not apply in any respect to an electioneering communication. HAVE QUESTIONS? CONTACT... By email: alavoter@vote.alabama.gov By telephone: 1-800-274-VOTE (8683) (334) 242-7210 By mail: DISCLAIMER Elections Division Office of Secretary of State P.O. Box 5616 Montgomery, Alabama 36103-5616 This document is not a substitute for the Code of Alabama.This document is provided as a guide and is not intended to be an authoritative statement of law. For further legal information, please consult the Code of Alabama or other appropriate legal resources. This disclosure of these contributions and expenditures is to be made on the same alavoter@vote.alabama.gov www.alabamavotes.gov 800-274-8683 334-242-7210