Campaign finance requirements for Delaware ballot measures

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Campaign finance for ballot measures
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Ballot measures
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Note: This page is not intended to serve as a manual. Individuals who are interested in establishing a committee to support or oppose a ballot measure should contact their state election agencies for more information about specific filing processes and requirements.

Groups and individuals involved in ballot measure campaigns in Delaware must adhere to the state's campaign finance laws. These laws regulate the amounts and sources of money given or received for political purposes; in addition, campaign finance laws stipulate disclosure requirements for political contributions and expenditures.

Proponents of more stringent regulations and disclosure requirements, such as the Brennan Center for Justice, claim that current laws do not go far enough to mitigate corruption and the influence of undisclosed special interests. Others, such as the Institute for Free Speech, argue that strict disclosure requirements and contribution limits impinge upon the rights to privacy and free expression.[1][2]

Delaware does not permit citizen initiative, referendum or recall. Delaware defines all groups acting in support of or opposition to a ballot measure as political action committees (PACs).

The laws and regulations that apply to ballot measure campaigns may differ from those that apply to candidates for political office. To learn more about campaign finance requirements for candidates, see this article.

Delaware ballot measures

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See also: Ballot measure

A ballot measure is any question or issue that appears on an election ballot to be approved or rejected by voters. In 26 states, plus Washington, D.C., citizens may use the initiative and referendum process, which permits citizens to petition to place measures on the ballot and usually involves a signature collection process of some kind. Even in states without initiative and referendum processes, however, ballot measures exist. In all states, citizens may be asked to approve legislatively referred constitutional amendments, state statutes, bond issues or tax proposals.

Delaware does not allow citizen initiative, referendum or recall. Only two advisory questions have been put before the people of Delaware. Both related to issues of gambling in the state.

Organizational requirements

Delaware defines all groups acting in support of or opposition to a ballot measure as political action committees (PACs). All PACs must file a statement of organization with the Commissioner of Elections no later than 24 hours after receiving contributions or making expenditures that exceed $500 . A PAC that has completed its activities and paid off its creditors can dissolve at any time. All surplus funds can be donated to a charity or a fire district.[3][4]

DocumentIcon.jpg See form: PAC registration Political Action Committee Registration Form

Contribution limits

There are generally no contribution limits to PACs that support or oppose a ballot measure. However, under state law, state and local political party committees cannot contribute to PACs that support or oppose ballot measures. Cash contributions are limited to $50. PACs must disclose the names and addresses of contributors.[5]

Reporting requirements

Delaware uses a semiannual reporting system. PACs must file two pre-election reports and an annual report. In these reports, PACs must report all contributions received and itemize any expenditure over $100.[6]

  • 30-day pre-election report: This report covers all campaign finance activity during the period beginning when a referendum first qualifies for the ballot and ending 30 days before the election. It is due 28 days before the election.
  • Eight-day pre-election report: This report covers all campaign finance activity during the period beginning on the 29th day before the election and ending on the eighth day before the election. It is due six days before the election.

Year-end report: This report covers all campaign finance activity from November 1 to December 31. It is due January 20 in the year following the election.

Year-specific reporting dates

2016

The table below lists relevant campaign finance report filing deadlines in Delaware in 2016.

Campaign finance reporting deadlines in Delaware, 2016
Report Reporting period Filing deadline
30-day primary report January 1, 2016 - August 14, 2016 August 16, 2016
Eight-day primary report August 15, 2016 - September 5, 2016 September 7, 2016
30-day general report September 6, 2016 - October 9, 2016 October 11, 2016
Eight-day general report October 10, 2016 - October 31, 2016 November 2, 2016
Annual report November 1, 2016 - December 31, 2016 January 20, 2017
Source: State of Delaware, "Campaign Finance Reporting Periods 2016," accessed December 14, 2015

State agencies

See also: Campaign finance agencies in Delaware

In Delaware, there are two primary agencies involved in campaign finance regulation: the Delaware Department of Elections and the Delaware Attorney General. The former oversees the campaign finance reporting process and enacts and enforces necessary regulations. The latter prosecutes criminal violations of the law

Delaware Department of Elections

905 S. Governors Ave., Suite 170
Dover, Delaware 19904
Telephone: (302) 739-4277
Email: coe_vote@state.de.us

Delaware Attorney General, Criminal Division

820 N. French St.
Wilmington, Delaware 19801
Telephone: (302) 577-8400
Email: Attorney.General@state.de.us

Campaign finance legislation

The following is a list of recent campaign finance bills that have been introduced in or passed by the Delaware state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

Recent news

The link below is to the most recent stories in a Google news search for the terms Delaware campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes