Delaware Code Title 15 Sec. 8031 – Special reports — Third-party advertisements
(a) Any person other than a candidate committee or political party who makes an expenditure for any third-party advertisement that causes the aggregate amount of expenditures for third-party advertisements made by such person to exceed $500 during an election period shall file a third-party advertisement report with the Commissioner. The report shall be filed under penalty of perjury and shall include the following:
(1) The information required under § 8005(1) of this title with respect to the person making such expenditure;
(2) The full name and mailing address of each person to whom any expenditure has been made by such person 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;
(3) The full name and mailing address of each person who has made contributions to such person 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;
(4) If a person who made a contribution under paragraph (a)(3) of this section is not an individual, the full name and mailing address of:
a. Any person who, directly or otherwise, owns a legal or equitable interest of 50 percent or greater in such entity; and
b. One responsible party, if the aggregate amount of contributions made by such entity during the election period exceeds $1,200; and
(5) The aggregate amount of all contributions made to the person who made the expenditure.
Terms Used In Delaware Code Title 15 Sec. 8031
- 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
- 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:
- 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 :
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- general election: shall include any annual election for 1 or more members of a school board pursuant to § 1072(c) of Title 14. See Delaware Code Title 15 Sec. 8002
- 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 party: includes all constituent parts of such party, including the statewide, county, regional, municipal and district committees, all finance committees and all other committees, subdivisions and organizations related to the political party. See Delaware Code Title 15 Sec. 8002
- 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
- Special election: means :
- Third-party advertisement: means an independent expenditure or an electioneering communication. See Delaware Code Title 15 Sec. 8002
(b) For purposes of this section, a reporting period shall begin on the day after the previous reporting period under § 8030 of this title or this section, whichever is later. However, if the person making the expenditure hereunder was not previously required to file any reports during the election period under § 8030 of this title or this section, then the reporting period shall begin on the date the first contribution is received or expenditure made by or on behalf of such person in the current election period. A reporting period shall end on the date of the expenditure set forth in subsection (a) of this section.
(c) Any person other than an individual that makes a contribution for which disclosure is required under paragraph (a)(3) of this section shall provide written notification in accordance with § 8012(e) of this title to the person filing the report hereunder. The person filing the report may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the person filing the report, shall be liable therefor.
(d) If the expenditure is made more than 30 days before a primary or special election or 60 days before a general election, the report required under this section shall be filed within 48 hours after such expenditure is made. If the expenditure is made 30 days or less before a primary or special election or 60 days or less before an election, such report shall be filed with the Commissioner within 24 hours after such expenditure is made. For purposes of this section, an expenditure shall be deemed to be made on the date it is paid or obligated, whichever is earlier.
(e) The Commissioner shall adopt regulations exempting, to the extent possible, persons from reporting duplicative information under this chapter.
(f) Persons required to file reports under this section shall retain complete records of all expenditures made and contributions received in connection herewith for 3 years following the election for which such report was filed.