Delaware Code Title 15 Sec. 8030 – Reports of political committees
(a) Each candidate (except a candidate who is excused from filing a report under § 8004 of this title) and every treasurer (except of a candidate excused from filing a report under § 8004 of this title) shall be responsible for filing with the Commissioner reports of contributions and expenditures on forms prescribed by the Commissioner for every reporting period during which a political committee is in existence. A candidate shall be jointly responsible with the treasurer for the filing of the report of a candidate committee.
Terms Used In Delaware Code Title 15 Sec. 8030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. See Delaware Code Title 15 Sec. 101
- Candidate: means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in that person's behalf. See Delaware Code Title 15 Sec. 8002
- Candidate committee: means each political committee formed on behalf of a candidate for public office. See Delaware Code Title 15 Sec. 8002
- Cash: includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their face the true name of the contributor. See Delaware Code Title 15 Sec. 8002
- Chapter: includes , in addition to the provisions of this chapter, the rules and regulations made by the Commissioner. See Delaware Code Title 15 Sec. 8002
- Commissioner: means the State Election Commissioner, or the designee of the Commissioner. See Delaware Code Title 15 Sec. 8002
- Contribution: means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:
- Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- Election: means the action by qualified voters of the State either to nominate by vote a candidate for public office or to select a candidate to fill a public office, whether in a primary, general or special election. See Delaware Code Title 15 Sec. 8002
- Election period: means :
- Expenditure: means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist in the election of any candidate or in connection with any election campaign. See Delaware Code Title 15 Sec. 8002
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Mailing address: means a physical mailing address, and shall not include a post office box. See Delaware Code Title 15 Sec. 8002
- Person: includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature. See Delaware Code Title 15 Sec. 8002
- Political committee: means :
- Responsible party: means any natural person who shares or exercises discretion or control over the activities of any entity required to file reports in accordance with this chapter, and shall include any officer, director, partner, proprietor or other natural person who exercises discretion or control over the activities of such entity. See Delaware Code Title 15 Sec. 8002
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Treasurer: means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter. See Delaware Code Title 15 Sec. 8002
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) A reporting period shall begin on the day after the previous reporting period (except that for a newly-formed committee, the reporting period begins on the date the first contribution is received or expenditure made by or on behalf of such committee) and shall end on the following dates:
(1) December 31 of every year, before or after an election, from the time the committee receives its first contribution or makes its first expenditure, until and including the year in which contributions and expenditures are balanced and the political committee terminates;
(2) 30 days before any election (except for committees of candidates not on the ballot at such election);
(3) 8 days before any election (except for committees of candidates not on the ballot at such election).
(c) (1) Each report required by paragraph (b)(1) of this section must be:
a. Filed by the political committee using the Department‘s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the twentieth day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1.
b. [Repealed.]
(2) Each report required by paragraph (b)(2) of this section must be:
a. Filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1.
b. [Repealed.]
(3) Each report required by paragraph (b)(3) of this section must be filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a State holiday under Chapter 5 of Title 1.
(d) Each report under this section shall disclose all of the following information, for the entire reporting period:
(1) Amount of cash and other intangible and tangible assets on hand at the beginning of the reporting period;
(2) Full name and mailing address of each person who has made contributions to such political committee (including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events, whether or not the tickets were used by the person who paid for them) during the election period in an aggregate amount or value in excess of $100, the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period. If the person who made the contribution is not an individual, then the report shall also include the name and address of 1 responsible party for such person;
(3) Total of contributions made to such political committee during the reporting period and not reported under paragraph (d)(2) of this section;
(4) Name and address of each political committee from which the political committee received, or to which the political committee made, any transfer of funds, together with the amounts and dates of all transfers, no matter what the amount;
(5) The amount of each debt in excess of $50, owed to or owing by such political committee at the end of the reporting period, the full names and mailing addresses of any lender, borrower and endorser of such debt, the date and the interest rate of such loan, and a description of any security given therefor;
(6) Total amount of proceeds from:
a. Sale of tickets to each reception, meal, rally or other fund-raising event;
b. Collections made at such events; and
c. Sales of items such as campaign pins, buttons, badges and similar materials; provided, however, that all payments and contributions by any person, whether as gifts, as purchases of tickets or other goods or services, or partially as gifts and partially as purchases, by any person during any election period, shall be aggregated and, if such aggregate total exceeds $50 during such election period, shall be reported under paragraph (d)(2) of this section;
(7) Each contribution or other receipt in excess of $100 not otherwise listed under paragraphs (d)(2) through (6) of this section;
(8) Total receipts by such political committee or candidate during the reporting period;
(9) Full name and mailing address of each person to whom any expenditure has been made by such political committee during the reporting period in an aggregate amount in excess of $100, the amount, date and purpose of each such expenditure and the name of, and office sought by, each candidate on whose behalf such expenditure was made;
(10) Total expenditures made by such political committee or candidate in connection with such campaign; and
(11) All goods and services that are contributed in kind, or at no charge or at a cost less than fair market value (except for services excluded from the definition of “contribution” under § 8002 of this title) to the extent that the fair market value, less any amount paid by the candidate or committee, exceeds $100.
(e) The reports required to be filed by this section shall be cumulative for the election period to which they relate, but where there has been no change in an item previously reported, only the amount need be carried forward.
(f) Each statement shall be accompanied by an affidavit verified by the candidate or the treasurer of the political committee, which states as follows:
“I solemnly swear [or affirm] that the foregoing statement is in every respect true and correct, and discloses all contributions received and expenditures required by me under Title 15, Chapter 80 of the Delaware Code.”
(g) The report required under paragraph (b)(3) of this section may omit the information required under paragraph (d)(9) of this section; provided, however, that all such information shall be disclosed in the next report required hereunder.
59 Del. Laws, c. 580, § ?1; 67 Del. Laws, c. 449, § ?1; 68 Del. Laws, c. 262, § ?1; 68 Del. Laws, c. 444, §§ ?1-4; 70 Del. Laws, c. 153, § ?1; 78 Del. Laws, c. 400, § ?7; 79 Del. Laws, c. 346, § ?2; 83 Del. Laws, c. 210, § 3;