Guide to Vermont’s
Campaign Finance Law
Published by:
Office of the Vermont Secretary of State
2012 Revisions
Table of Contents
Quick View - Reporting Entities, Filing Deadlines and Other Reports.......................... 1
Contribution Limits............................................................................................................. 2
Fundraising Basics............................................................................................................... 3-5
Reporting Basics for All Entities........................................................................................ 6-7
Basics for Candidates.......................................................................................................... 8-9
Basics for Political Committees (PACs) & Political Parties............................................. 10
Related Expenditures........................................................................................................... 11
Independent Expenditures.................................................................................................. 11
Penalties and Enforcement.................................................................................................. 11
Public Financing.................................................................................................................. 12-13
APPENDIX A: 17 V.S.A., Chapter 59 - Campaign Finance
APPENDIX B: Other Statutory References
APPENDIX C: Bank Designation & Treasurer Appointment Form (Candidates)
APPENDIX D: Bank Designation & Treasurer Appointment Form (PAC/Party)
APPENDIX E: Notice of Mass Media Activities
APPENDIX F: Candidate’s Statement of Expenditures/Contributions Less Than $500
APPENDIX G: Report of Contributions Over $2,000 within 10 Days of Primary/General Election
APPENDIX H: Administrative Rule 2000-1 - Related Expenses
REPORTING ENTITIES
Candidates for statewide office who spend or raise $500 or more in a calendar year file campaign finance
reports with the Vermont Secretary of State on the filing deadlines detailed below.
Candidates for general assembly (state senate/state representative) who spend or raise $500 or more in
a calendar year file campaign finance disclosure reports with both the Vermont Secretary of State and the
candidate’s district clerk* on the filing deadlines detailed below.
Candidates for county office (probate judges, assistant/side judges, state’s attorney, sheriffs, high bailiffs)
who spend or raise $500 or more file campaign finance disclosure reports with the county clerk 10 days
before the primary election and 10 days before the general election.
Candidates for local office (selectboard, city council, mayor, school board, etc.) who spend or raise $500
or more in a calendar year file campaign finance reports with the local (municipal) clerk 10 days before and
10 days after the local election.
Political committees (PACs) that spend and raise $500 or more in a calendar year must file campaign
finance disclosure reports with the Vermont Secretary of State on the filing deadlines detailed below. In addition, any political committe (PAC) that seeks to influence a local election must file with both the Vermont
Secretary of State and the local (municipal) clerk 10 days before and 10 days after the local election.
Political parties organized under chapter 45 of Title 17 of the Vermont Statutes Annotated that spend or
raise $500 must file a bank designation and treasurer appointment form and campaign finance reports.
*The Senatorial or Representative District Clerk is the town or county clerk where primary petitions were filed. To look up a Senatorial or
Representative District Clerk, please go to www.vermont-elections.org or contact the Elections Division.
FILING DEADLINES
Odd-numbered years (2011, 2013, etc.): July 15
Even-numbered years (2012, 2014, etc.): July 15, August 15,
September 15, October 15, November 15, December 15
If any filing deadline falls on a weekend or holiday, the deadline moves to the next business day.
reporting period:
The reporting period covers the period from 5:00 p.m. on the
third day prior to the last report until 5:00 p.m. on the third day prior to the current report.
OTHER REPORTS
In addition to the regular campaign finance disclosure reports detailed above, the following reports may be
required:
Any person making mass media expenditures of $500 or more within 30 days of a primary or general election
- including political committees (PACs), political parties and corporations - files a Notice of Mass Media Expenditure with the Vermont Secretary of State within 24 hours of the expenditures, activity or executing a contract
for the activity. (Please see page 7 for more details.)
Any entity or formal or informal committee of two or more individuals advocating on a public question that
spends more than $500 in a calendar year (except a political party) must file a campaign finance disclosure report. (Please see page 7 for more details.)
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CONTRIBUTION LIMITS
Contributions to CANDIDATES
$1,000 per ELECTION from any single source which does not include political parties or political committees (PACs) (17 V.S.A. §2805(a) prior to Act 64).
$3,000 per ELECTION from political committees (PACs) (17 V.S.A. §2805(b) prior to Act 64).
Unlimited contributions from political parties.
Contributions to POLITICAL PARTIES
$2,000 per TWO-YEAR GENERAL ELECTION CYCLE from any single source, political committee
(PAC), or political party
(17 V.S.A. §2805(a) as added by Act 64 and found constitutional by the federal court of appeals)
Contributions to POLITICAL COMMITTEES (PACs)
$2,000 per TWO-YEAR GENERAL ELECTION CYCLE from any single source, political committee
(PAC), or political party
(17 V.S.A. §2805(a) as added by Act 64 and found constitutional by the federal court of appeals)
Bank designation and treasurer appointment form:
A candidate who has made expenditures or has received contributions of $500 or more must file a Bank Designation and Treasurer Appointment form with the Elections Division of the Vermont Secretary of State, and
with the clerk of the district from which the candidate is running. A political committee (PAC) or political party
which has made expenditures or accepted contributions of $500 or more must file a Bank Designation and Treasurer Appointment form within 10 days of reaching the threshold. The form can also be filed before the $500
threshold has been reached.
Treasurer: The treasurer for a candidate can be a candidate’s family member or the candidate him- or
herself. A treasurer for any candidate, political committee (PAC) or political party who signs the campaign
finance disclosure reports is certifying that the information contained on the report is true.
Bank account: The campaign finance law requires that a bank be publicly designated, and that all
campaign expenditures be made by credit card, debit card, check or electronic transfer from a single checking
account.
Candidates for governor or lieutenant governor seeking public financing must set up a non-interest bearing account. Candidates who are not seeking public financing, political committees (PACs) and political parties do not
need to set up non-interest bearing accounts; however, any interest accrued must be reported as income to the
campaign.
Some financial institutions may ask for an Employee Identification Number or other tax ID; this is a requirement
of the financial institution, not the campaign finance law. For advice on tax law, you should contact the IRS or
the Vermont Dept. of Taxes; the Office of the Secretary of State cannot advise you on tax law.
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FUNDRAISING BASICS
Contributions over $50.00 by check or electronic transfer:
All contributions in excess of $50.00 must be made by check, credit card, debit card or other electronic transfer.
This provision applies only to monetary contributions, not in-kind gifts.
No spending limits:
No spending limits for any candidates in Vermont since the U.S. Supreme Court’s decision in Randall v. Sorrell,
548 U.S. 230 (2006).
Contribution Defined:
Contribution means a payment, distribution, advance, deposit, loan or gift of money or anything of value, paid
or promised to be paid to a person for the purpose of influencing an election, advocating a position on a public
question, or supporting or opposing one or more candidates in any election.
For the purpose of the campaign finance law, contribution does not include a personal loan from a lending institution.
Only direct contributions:
A candidate may not accept a contribution that was transferred to the contributor by another person for the
purpose of circumventing the contribution limits. A single source cannot give money to a political party or a
political committee (PAC) directing that the contribution be then given to a particular candidate.
Volunteer service not included:
Contribution does not include services provided without compensation by individuals volunteering their time on
behalf of a candidate, political committee (PAC) or political party.
In-kind contributions:
In-kind contributions are gifts of “anything of value” given to a candidate, political committee (PAC) or political party for the purpose of influencing an election. In-kind contributions – such as donations of a computer, tee
shirts, food or space for a campaign office – must be reasonably valued, usually either fair market value or cost
to the donor. The requirement that contributions over $50 be made by check, credit or debit card does not apply
to in-kind contributions; however, all other statutes regarding contributions – including contribution limits –
also apply to in-kind contributions.
Foreign nationals:
Federal law prohibits the acceptance of campaign contributions from foreign nationals. This provision also applies to political committees (PACs) and political parties. 2 U.S.C. §§441e, 441f & 11 CFR 110.20
Surplus:
Members of a political committee (PAC) that has surplus campaign funds after all campaign debts have been
paid may not convert the surplus to personal use. Similarly, a candidate may not convert surplus funds to personal use, except to reduce personal debts incurred during the campaign.
For each two-year general election cycle, candidates, political committees (PACs) and political parties must
indicate the amount of surplus and how it is to be liquidated or if the surplus is being carried forward to a new
campaign cycle. All candidates, political committees (PACs) and political parties must continue to file campaign finance disclosure reports according to schedule until all campaign funds have been liquidated.
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Expenditure defined:
Expenditure means a payment, disbursement, distribution, advance, deposit, loan or gift of money or anything
of value, paid or promised to be paid, for the purpose of influencing an election, advocating a position on a
public question, or supporting or opposing one or more candidates. This means an expenditure must be reported
when promised to be paid, when paid, or whenever goods or services are delivered – whichever comes first.
Single sources:
A single source in Vermont is defined as an individual, partnership, corporation, association, labor organization
or group of persons which is not a political committee (PAC) or political party.
As long as each single source contributes directly to a candidate, then each single source can contribute up to
$1,000 per election to a candidate. However, money cannot be transferred from one source to another for the
purpose of circumventing the contribution limits.
Similarly, each single source may contribute up to $2,000 per cycle to a political committee (PAC) or political
party, but the single source cannot contribute money and direct the committee or party to give the money to a
specific candidate.
Unions:
If a labor organization spends money from its general member dues to make contributions to a Vermont candidate, political party or political committee (PAC), then the labor organization is considered a single source. The
labor organization does not file disclosure reports.
However, if a labor organization spends money from member contributions (i.e. paycheck “checkoffs”) to make
contributions to a Vermont candidate, political party or political committee (PAC), and both raises and spends
more than $500 in any one calendar year for purposes of supporting or opposing Vermont candidates or influencing an election in Vermont, then the labor organization is considered a political committee (PAC) under
Vermont law. Please see pages 10-11 for more information on reporting and fundraising as a political committee (PAC).
Corporations, partnerships and associations:
Any corporation, partnership or association that raises and spends more than $500 in a calendar year for purposes of supporting or opposing Vermont candidates or influencing an election in Vermont is considered a political
committee (PAC) under Vermont law and must comply with Vermont law on contribution limits and disclosure.
If a corporation, partnership or association that is not a political committee (PAC) under Vermont law spends
money from its profits or general revenue to contribute money to Vermont candidates, political parties or political committees (PACs), then the corporation, partnership or association making the contribution is considered a
single source and does not have to file campaign finance disclosure reports.
4
Fundraisers – auctions and raffles:
When an auction is used for fundraising, be sure that the person you use as an auctioneer is licensed with the
Vermont Secretary of State’s Office of Professional Regulation; there is no charitable exception in this case.
Disclosure of the funds raised depends on the arrangement. If people have donated goods or services for the
auction, these are reportable in-kind contributions and are subject to the applicable contribution limits. If the
goods were purchased by the campaign, the money received would amount to a contribution in an amount over
and above the fair market value of the goods. The cost of the goods bought by the campaign in this case would
count as an expense to the campaign.
Political parties may use a raffle to fundraise, as there is an exception to the general rules prohibiting gambling
in 13 V.S.A. §2143a.
Fundraisers – Donated Goods and services:
If goods or services are donated as in-kind contributions for a fundraiser, then the fair market value of the goods
or services is a contribution by the person or entity donating the goods or services. When the donated goods or
services are purchased, then the difference between the fair market value and the purchase price is considered a
donation by the person or entity making the purchase.
For example, if a fundraising dinner charges $50 a plate and the caterer has donated the meals at the fair market
value of $20 per plate, then the caterer is making a $20 contribution and the person purchasing the $50 ticket is
making a $30 contribution. However, if the caterer is not donating the cost of the meal, then the campaign has
made a $20 expenditure per plate; the person purchasing the ticket to the dinner is still making a $30 contribution.
Loans to a campaign:
Personal loans to a candidate or political committee (PAC) are considered contributions at the end of the campaign if they are not repaid. Accordingly, a loan that is not repaid will be subject to the limitations on contributions from a single source. There are two exceptions to this rule. A personal loan from a lending institution is
not considered a contribution if not repaid, and is therefore not subject to contribution limits. Also, loans from
immediate family are considered contributions if not repaid, but are not subject to contribution limits.
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REPORTING BASICS
In addition to summary information on contributions, there are various breakdowns of the summaries. For each summary field, a total
for the reporting period includes information since the last reporting period ended (or all information since the activity began for new
candidates, political committees (PACs) or political parties. The total for the Campaign to Date figures is cumulative and includes the
total for the current reporting period. The Campaign to Date figures should always be equal to or more than the figures for the reporting period.
CAMPAIGN FINANCE DISCLOSURE FORM
Page 2 of ____
Name of candidate:
CONTRIBUTION and EXPENDITURE SUMMARY
CONTRIBUTIONS
CONTRIBUTIONS BY CANDIDATE OR IMMEDIATE FAMILY
Total Contributions for this reporting period: $___________
Total Contributions, Campaign to Date: $___________
NOTE: The contributions by Candidate or Immediate Family should also be included in the
Contributions Over $100 and Contributions $100 or Less figures below.
CONTRIBUTIONS OVER $100
(1) Total Contributions for this reporting period:
$__________
(2) Total Contributions, Campaign to Date:
$__________
(3)
(4)
(5)
(6)
$__________
NOTE: If you received contributions over $100, you will also need to attach the Details of Contributions Over $100 sheet(s).
CONTRIBUTIONS $100 OR
LESS
Total Contributions for this reporting period:
Number of contributors for this reporting period:
Total Contributions, Campaign to Date:
Number of contributors, Campaign to Date:
$__________
GRAND TOTAL OF ALL CONTRIBUTIONS
FOR THIS REPORTING
PERIOD
CAMPAIGN TO DATE
(7) Subtotal of non-monetary (in-kind) contributions:
$__________
(8) Subtotal of monetary contributions (Lines 1+ 3):
$__________
(9) TOTAL For This Reporting Period (Lines 7 + 8):
$__________
(10) Subtotal of non-monetary (in-kind) contributions:
$__________
(11) Subtotal of monetary contributions (Lines 2 + 5):
$__________
(12) TOTAL, Campaign to Date (Lines 10 + 11):
$__________
EXPENDITURES
GRAND TOTAL OF ALL
EXPENDITURES
TOTAL For This Reporting Period:
$__________
TOTAL, Campaign to Date:
$__________
NOTE: If you have made expenditures for this reporting period, you will need to attach the Details of Expenditures sheet(s)
Contributions By Candidate or Immediate Family
(candidate forms only) will
also be included in Contributions $100 or Less (if applicable), on the Details of
Contributions Over $100 (if
applicable) and in the Grand
Total on this page.
Contributions Over $100
must also be listed on the
Details of Contributions
Over $100.
Contributions $100 or
Less are summarized with
the total amount of the
contributions, as well as the
total number of contributors.
Grand Total of All Contributions should include
Contributions Over $100 and
Contributions $100 or Less
figures from above.
Grand Total of All Expenditures - all expenditures
for the reporting period
must also be listed on the
attached Details of Expenditures page(s).
LOANS OR OTHER DEBT
TOTAL PRIVATE LOANS OR OTHER
OBLIGATIONS CURRENTLY OUTSTANDING
TOTAL DEBT/OBLIGATIONS FORGIVEN
Total Loans For This Reporting Period:
$__________
Total Loans, Campaign to Date:
$__________
Total Loans For This Reporting Period:
$__________
Total Loans, Campaign to Date:
$__________
NOTE: If you have loans or other debt outstanding or debt that has been forgiven, you will need to attach the Details of Loans/Other
Obligations sheet(s).
You must attach the Details of Expenditures, Details of Contribuitons Over $100 and/or Details of Debt Discharged page(s) as needed.
The details pages should reflect the details from the current reporting period.
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Identifying sponsors of electioneering communications (political advertisements):
All electioneering communications must contain the name and physical or mailing address of the person, political committee (PAC), or campaign who or which paid for the communication. The communication must also clearly designate
the name of the candidate, party or political committee (PAC) by or on whose behalf the communication is published or
broadcast.
Electioneering communication means any communication, including communications published in any newspaper or periodical or broadcast on radio, or television or over any public announcement system, placed on any billboards, outdoor facilities, buttons, flyers or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets,
flyers or other circulars, or in any direct mailing, robotic phone calls or mass emails, or internet ad and website that refers
to a clearly identified candidate for office and that promotes or supports a candidate for that office, or attacks or opposes a
candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate.
Exceptions to identifying sponsors of electioneering communication:
The provisions of 17 V.S.A. §2892(b) regarding identification do not apply to buttons, lapel stickers, or electioneering communications made by a single individual acting alone who spends no more than $150 on such communications within the two-year general election cycle.
Furthermore, this provision does not apply to advertisements that focus solely on issues and that do not both
clearly identify a candidate for office and promote, support, attack or oppose a candidate for that office.
Mass media filing requirements:
Any person who spends a total of $500 or more for mass media activities in support of a clearly identified candidate within 30 days of a primary or general election must report these expenditures to the Vermont Secretary
of State and to the candidate whose name or likeness was included within 24 hours of the expenditure activity
or execution of contract for the activity. The form is included in this publication as Appendix E.
Mass media activity includes television commercials, radio commercials, mass mailings, literature drops,
newspaper, and periodical advertisements, robotic phone calls, and telephone banks which include the name or
likeness of a clearly identified candidate for office.
Public questions:
A public question is an issue presented to the voters for binding decision. Examples include constitutional
amendments, bond votes, budget votes, and any other binding question presented to a town meeting or on a local ballot.
No contribution or expenditure limits for public questions:
There are no limits on contributions or spending for the purpose of advocating a position on a public question,
including a constitutional amendment. The name and address of the person or entity paying for electioneering
communication pertaining to a public question do not need to be included if the communication only addresses
a public question.
Local elections – Other entities:
Any group of two or more individuals, or corporation, labor organization, public interest group or other entity
– excluding a political party – that spends more than $500 in a calendar year to influence a position on a public
question must file a campaign finance report with the municipality 10 days before and 10 days after the election.
If the entity does not reach the $500 threshold until after 10 days before the election, it would simply file the
one report required by law 10 days after the election.
7
Becoming a candidate:
CANDIDATE BASICS
A person becomes a candidate by:
- Accepting contributions or making expenditures of $500 or more, or
- Filing the requisite petition for nomination or being nominated by primary, party caucus or party committee, or
- Announcing that he or she seeks an elected position as a state, county or local officer or a position as representative or senator in the general assembly.
Contribution limits per election, timing of contributions to candidates:
State law says that “no candidate…shall accept contributions totaling more than $1,000 from a single source for
any election.” An individual who is a “candidate” for election in both a primary and general election may accept
$2,000 at any time in a two-year general election cycle. That is to say, a candidate may accept $2,000 at any
time as long as the candidate announces an intention to seek or files a petition for nomination by a major political party for office and runs in the general election.
In the following situations, an individual may only receive $1,000:
an individual only runs as an independent in the general election
an individual seeks a party’s nomination but does not run in the general election
These candidates would violate the law by receiving more than $1,000 from any donor. Funds received in excess of $1,000 must be returned to the donor.
Legislators and administrative officials may not solicit from lobbyists, lobbyist employers, or lobbying
firms during the legislative session:
A legislator or administrative official may not solicit political campaign contributions from a registered lobbyist,
lobbying firm or registered lobbyist employer until final adjournment of the legislature – adjournment sine die,
which is at the end of the second or adjourned session in the even-numbered year.
A legislator may not accept a political contribution – even if unsolicited – from a registered lobbyist, lobbying
firm or registered lobbyist employer until adjournment sine die. While an administrative official can accept unsolicited political contributions before adjournment sine die, it is recommended that candidates who are administrative officials proceed cautiously. 2 V.S.A. §266(3)
It is also important to remember that conduct prohibited by 2 V.S.A. §266(3) specifically pertains to registered
lobbyists, registered lobbyist employers and lobbying firms engaged by an employer. It is the opinion of the Office of the Vermont Secretary of State that a “registered lobbyist employer” does not include individuals who are
members of a trade association unless the individual is a registered lobbyist.
Candidates for federal office:
Candidates for U.S. President and Vice President, U.S. Senator, U.S. Representative and federal political committees (PACs) making contributions exclusively to federal candidates do not need to file campaign finance
reports under Vermont’s campaign finance law since they are governed by federal law. For more information on
federal campaign finance laws, contact the Federal Election Commission, 999 E Street, Washington, DC, 20463,
(800) 424-9530, www.fec.gov.
Unlimited contributions from family or self:
A candidate or his or her immediate family may contribute an unlimited amount to his or her campaign. For
purposes of the campaign finance law, “immediate family” means individuals related to the candidate in the
first, second or third degree of consanguinity. While there is no Vermont law that defines these degrees of
consanguinity, a widely accepted law treatise provides that first degree is parents and children; second degree
8
is grandparents and grandchildren and brothers and sisters; and third degree is uncles, aunts, nephews, nieces,
great-grandparents and great-grandchildren. In-laws do not fall under this definition of consanguinity.
Although the amount of contributions from a candidate or a candidate’s immediate family are unlimited, these
contributions must be reported in campaign finance disclosure reports. This includes money that a candidate
spends for mileage or gas when campaigning.
Treasurers:
Candidates who spend or raise $500 or more – even spending the candidate’s own money – are required to file a
Bank Designation and Treasurer Appointment form that details campaign information, including which bank the
candidate is using and who the candidate’s treasurer is. A candidate’s treasurer may be anyone selected by the
candidate, including the candidate’s spouse or civil union partner or the candidate him or herself.
Candidates spending less than $500:
All candidates for statewide office or general assembly (state senate and state representative) who receive or
spend less than $500 must file a campaign finance statement ten days after the general election stating that the
candidate’s contributions and expenditures did not exceed $500. This form will be available on the Elections
Division website (www.vermont-elections.org) after the general election, and is included as Appendix F in this
publication.
Monetary contributions over $2,000 within 10 days of an election:
Candidates for statewide office or general assembly (state senate and state representative) who receive a monetary contribution over $2,000 within 10 days of a primary or general election must report the contribution to
the Vermont Secretary of State within 24 hours of receiving the contribution. This is in addition to including
the contribution on the next scheduled campaign finance disclosure report. The form(s) to report these contributions are on the Elections Division website (www.vermont-elections.org), and in Appendix G.
County campaign finance reporting:
County office (probate judge, assistant judge, state’s attorney, sheriff, high bailiff) Candidates who have spent
or raised $500 or more must file campaign finance disclosure forms with the county clerk 10 days before the
primary election and 10 days before the general election. A “final report” must be filed within 40 days after the
general election which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which will constitute the termination of his or her campaign activities for that election cycle. On July
15 of the following year if the campaign account has not been closed another disclosure report must be filed.
17 V.S.A. §2821
Local elections – Candidates:
Candidates for local office that spend or receive $500 or more must file a bank designation and treasurer appointment form with the municipal clerk and file disclosure reports 10 days before and 10 days after the local
election. 17 V.S.A. §2822
9
POLITICAL COMMITTEE (PAC) & POLITICAL PARTY BASICS
Under Vermont law, a political committee (PAC) is any formal or informal committee of two or more individuals, or a corporation, labor organization, public interest group, or other entity – not including a political party
– which receives contributions in excess of $500 and makes expenditures of more than $500 in any one calendar
year for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a
position on a public question in any election or affecting the outcome of an election.
Vermont law requires that entities meeting the definition of a political committee (PAC) under 17 V.S.A.
§2801(4) comply with all of Vermont’s contribution limits. This includes both the limits on contributions to political committees (PACs) in 17 V.S.A. §2805(a) and contributions by political committees (PACs) in 17 V.S.A.
§2805(b). Specifically, section 2805(a) says that: “A political committee (PAC), other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000 from a single
source, political committee (PAC) or political party in any two-year general election cycle.”
For example, if a political committee (PAC) makes expenditures for the purpose of supporting or opposing one
or more candidates in Vermont elections or for the purpose of influencing a Vermont election, whether through
direct contributions to candidates or through independent expenditures, then the political committee (PAC) must
comply with the contribution limit of $2,000 from a single source in any two-year general election cycle. A political committee (PAC), regardless of whether it calls itself a federal PAC or anything else, that spends money
in Vermont elections but does not comply with the limit on contributions to political committees (PACs), could
be subject to prosecution by the Vermont Attorney General’s office for violating the law.
Federal PACs:
Vermont law provides that a political committee (PAC) may satisfy filing requirements by filing with the Secretary of State a copy of that portion of the campaign finance report applicable to candidates seeking election in
this state which the committee or party has filed with the Federal Election Commission and by designating an
in-state agent in the report or in a cover letter.
The option of filing FEC forms with the secretary of state does not excuse the political committee (PAC) from
the obligation to comply with Vermont’s contribution limits. Since Vermont law limits contributions to political
committees (PACs) to $2,000 or less in a two-year general election cycle, any political committee (PAC) that
receives contributions greater than $2,000 is prohibited from making expenditures related to Vermont election
campaigns unless it segregates the compliant contributions for use in Vermont. In practical terms, a federal
PAC may take advantage of the filing provision in 17 V.S.A. §2832 only if it does not accept contributions over
$2,000 or if it files that portion of the FEC forms that show the individual contributions of $2,000 or less that
were used for expenditures related to Vermont elections.
Local elections – political committees (PACs) and Parties:
Any political committee (PAC) active in local elections or any political party that has accepted contributions or
made expenditures of $500 or more for the purpose of influencing a local election or supporting or opposing one
or more candidates in a local election must also file campaign finance reports 10 days before and 10 days after
the local election with the municipal clerk and with the Secretary of State.
Please note that, since most elections are held on Tuesdays, 10 days before the election will generally fall on a
Saturday. Vermont law provides that if a filing deadline falls on a weekend or holiday, the deadline is moved to
the next business day, in this case, the Monday seven days prior to the election.
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RELATED EXPENDITURES
A related campaign expenditure is any expenditure intended to promote the election of a specific candidate or
group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated
by, solicited by or approved by the candidate. 17 V.S.A. §2809. Also see Administrative Rule 2000-1, Vermont
Campaign Finance Law Regulation of Related Expenses which is included as Appendix H in this publication.
Related expenditures made on a candidate’s behalf are considered a contribution to the candidate on whose behalf they are made. As such, a related expenditure will be counted toward the contribution limit to that candidate
and is subject to the law’s limits on contributions.
Political committees (PACs) and parties must report related expenditures as contributions to candidates on their
list of expenditures. Candidates must report related expenditures as contributions received by the candidate.
Exceptions to related expenditures:
Expenditures will not be treated as related campaign expenditures, and therefore will not be contributions, if all
of the following apply: (1) expenditures were made in connection with a campaign event whose purpose was
to provide a group of voters with the opportunity to meet the candidate personally; (2) expenditures were made
only for refreshments and related supplies that were consumed at that event; and (3) total expenditure amount
for the event was less than $100.
INDEPENDENT EXPENDITURES
Political committees (PACs) and political parties must report independent expenditures on campaign finance
disclosure reports just as all other expenditures are reported.
There is no limit on how much may be spent on independent expenditures, provided they are truly independent
and not related campaign expenditures or campaign contributions.
Independent expenditures, identification and mass media reporting:
Every person or entity that makes an independent expenditure, regardless or whether it is an entity that is required to report the expenditure on regularly scheduled campaign finance disclosure reports, must comply with
the campaign finance laws regarding identification of electioneering communications (page 7) and filing of mass
media reports for certain communications made within 30 days of an election (page 7).
PENALTIES AND ENFORCEMENT
The Vermont Attorney General and the state’s attorneys are given specific civil investigation authority if they
have reason to believe any person has violated provisions in the campaign finance law.
A person who knowingly and intentionally violates a provision of sections 2811-2832 of Title 17 of the Vermont
Statutes Annotated (related to filing campaign finance reports) will be fined not more than $1,000 or imprisoned
not more than six months or both.
A person who violates any provision of the campaign finance law will be subject to a civil penalty of up to
$10,000 for each violation and will refund the unspent balance of any public finance grants received, calculated
as of the date of the violation.
11
PUBLIC FINANCING
Public financing is available to candidates for governor or lieutenant governor only.
To qualify for public financing, a candidate for governor or lieutenant governor must collect qualifying contributions during the period between February 15 and the second Thursday after the first Monday in June (the date
on which primary petitions are due) of the general election year in which the candidate seeks public financing.
Qualifying contributions:
- Qualifying contributions must be from a qualified individual contributor – a person registered to vote in
Vermont.
- Only one qualifying contribution is allowed from the same contributor in the qualification period.
- No more than 25 percent of the total number of qualified contributors may be residents of the same county.
- Each qualifying contribution must indicate the name and town of residence of the contributor, date received,
and must be acknowledged by the signature of the contributor.
- Qualifying contributions must be deposited in a federally insured noninterest bearing checking account.
Amount of qualifying contributions required:
For governor – a total amount of no less than $35,000 collected from no fewer than 1,500 qualified individual
contributors making a contribution of no more than $50 each.
For Lieutenant Governor – a total amount of no less than $17,500 collected from no fewer than 750 qualified
individual contributors making a contribution of no more than $50 each.
A candidate may expend the qualifying contributions for the purpose of obtaining additional qualifying contributions, and may expend the remaining qualifying contributions during the primary and general election periods.
Disqualifications from public financing:
A candidate is not eligible for public financing if he or she:
- Accepts contributions totaling $2,000 or more or spends $2,000 or more before February 15 of the general
election year in which the candidate seeks public financing.
- Announces that he or she seeks an elected position as governor or lieutenant governor before February 15 of
the general election year in which the candidate seeks public financing.
- Is running in an uncontested general election.
A candidate who accepts public financing shall not solicit accept or spend any contributions except qualifying
contributions and Vermont campaign finance grants, unless there is a shortfall in the Vermont campaign fund.
A candidate who loses a primary election but remains eligible to run for office will not be eligible for a general
election grant.
Public finance grant periods:
The primary election period begins the day after primary petitions must be filed (the second Thursday after the
first Monday in June) and ends the day of the primary election (fourth Tuesday in August).
The general election period begins the day after the primary election and ends the day of the general election.
12
Public finance grant amounts:
Candidates for governor - Candidates for lieutenant governor - $75,000 for the primary election period.
$225,000 for the general election period
$25,000 for the primary election period
$75,000 for the general election period
Public finance grants for the primary election period will be paid to qualifying candidates within the first ten
business days of the primary election period and public finance grants for the general election period will be
paid to qualifying candidates within the first ten business days of the general election period.
Public finance grants for the primary election period will be reduced by the amount of the qualifying contributions received.
If the Vermont campaign fund does not have enough money in it to provide public finance grants to all candidates who quality, the available funds shall be distributed proportionately among qualifying contributions. If
the grants are reduced, a candidate may solicit and accept additional contributions equal to the amount of the
difference between the amount of the public finance grants authorized and the amount received under this section.
Remainder of public finance grants:
Not later than 40 days after the general election, and after all permissible expenditures have been paid, a qualifying candidate who has accepted public finance grants must deposit the balance of his or her campaign account
in the Vermont campaign fund.
13
APPENDIX A
TITLE 17: ELECTIONS, CHAPTER 59 - CAMPAIGN FINANCE
As a reference aid, we have struck through language in the statute that has been held unconstitutional by the
courts. We have added notes in italics to indicate the current status of the law and the status of the relevant
court decision. These notes are added to assist in understanding the law as it stands as of April 12, 2012.
Subchapter I
§ 2801. Definitions
As used in this chapter,
(1) “Candidate” means an individual who has taken affirmative action to become a candidate for state, county, local or legislative
office in a primary, special, general or local election. An affirmative action shall include one or more of the following:
(A) accepting contributions or making expenditures totaling $500.00 or more; or
(B) filing the requisite petition for nomination under this title or being nominated by primary or caucus; or
(C) announcing that he seeks an elected position as a state, county or local officer or a position as representative or senator in the general assembly.
(2) “Contribution” means a payment, distribution, advance, deposit, loan or gift of money or anything of value, paid or promised to
be paid to a person for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing
one or more candidates in any election, but shall not include services provided without compensation by individuals volunteering their
time on behalf of a candidate, political committee or political party. For purposes of this chapter, “contribution” shall not include a
personal loan from a lending institution.
(3) “Expenditure” means a payment, disbursement, distribution, advance, deposit, loan or gift of money or anything of value, paid or
promised to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing
one or more candidates.
(4) “Political committee” or “political action committee” means any formal or informal committee of two or more individuals, or a
corporation, labor organization, public interest group, or other entity, not including a political party, which receives contributions of
more than $500.00 and makes expenditures of more than $500.00 in any one calendar year for the purpose of supporting or opposing
one or more candidates, influencing an election, or advocating a position on a public question in any election or affecting the outcome
of an election.
(5) “Political party” means a political party organized under chapter 45 of this title or any committee established, financed, maintained
or controlled by the party, including any subsidiary, branch or local unit thereof and including national or regional affiliates of the
party.
(6) “Single source” means an individual, partnership, corporation, association, labor organization or any other organization or group of
persons which is not a political committee or political party.
(7) “Election” means the procedure whereby the voters of this state or any of its political subdivisions select a person to be a candidate
for public office or fill a public office, or to act on public questions including voting on constitutional amendments. Each primary,
general, special, run-off or local election shall constitute a separate election.
(8) “Public question” means an issue that is before the voters for a binding decision.
(9) “Two-year general election cycle” means the 24-month period that begins 38 days after a general election. Expenditures related
to a previous campaign and contributions to retire a debt of a previous campaign shall be attributed to the earlier campaign cycle.
(10) “Full name” means an individual’s full first name, middle name or initial, if any, and full legal last name, making the identity of
the person who made the contribution apparent by unambiguous reference.
(11) “Telephone bank” means more than 500 telephone calls of an identical or substantially similar nature that are made to the general
public within any 30-day period.
§ 2801a. Exceptions
The definitions of “contribution”, “expenditure” and “electioneering communication” shall not apply to any news story, commentary
or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical publication which
has not been paid for, or such facilities are not owned or controlled, by any political party, committee or candidate.
§ 2802. Checking account; treasurer
Candidates who have made expenditures or received contributions of $500.00 or more and political committees shall be subject to the
following requirements:
(1) All expenditures shall be paid by either a credit card, or a debit card, check or other electronic transfer from a single checking
account in a single bank publicly designated by the candidate or political committee.
(2) Each candidate and each political committee shall name a treasurer, who may be the candidate or spouse, who is responsible
for maintaining the checking account.
§ 2803. Campaign reports; forms; filing
(a) The secretary of state shall prescribe and provide a uniform reporting form for all campaign finance reports. The reporting form
shall be designed to show the following information:
(1) the full name, town of residence and mailing address of each contributor who contributes an amount in excess of $100.00,
the date of the contribution, and the amount contributed;
(2) the total amount of all contributions of $100.00 or less and the total number of all such contributions;
(3) each expenditure listed by amount, date, to whom paid and for what purpose;
(4) the amount contributed or loaned by the candidate to his or her own campaign during the reporting period; and
(5) each debt or other obligation, listed by amount, date incurred, to whom owed and for what purpose, incurred during the
reporting period.
(b) The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and
during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven.
Contributions and expenditures for the reporting period and for the campaign to date also shall be totaled in an appropriate place on
the form. The total of contributions shall include a subtotal of nonmonetary contributions and a subtotal of all monetary contributions.
The form shall contain a list of the required filing times so that the person filing may designate for which time period the filing is
made. Contributions and expenditures received or spent after 5 p.m. on the third day prior to the filing deadline shall be reported on
the next report.
(c) The form described in this section shall contain language of certification of the truth of the statements and places for the signature
of the candidate or the treasurer of the campaign.
(d) All reports filed under this section shall be retained in an indexed file by the official with whom the report is filed and shall be
subject to the examination of any person.
(e) Disclosure shall be limited to the information required to administer this chapter.
(f) The secretary may require that the form set forth in this section and mass media reports required under section 2893 of this title be
filed in a digital format.
§ 2804. Surplus campaign funds
(a) No member of a political committee which has surplus funds after all campaign debts have been paid shall convert the surplus to
personal use.
(b) No candidate who has surplus funds after all campaign debts have been paid shall convert the surplus to personal use, other than
to reduce personal campaign debts.
(c) Surplus funds in a political committee’s or candidate’s account after payment of all campaign debts may be contributed to other
candidates, political parties, or political committees subject to the contribution limits set forth in this chapter or may be contributed to
a charity.
(d) The “final report” of a candidate shall indicate the amount of the surplus and how it has been or is to be liquidated.
§ 2805. Limitations of contributions
(The United States Supreme Court held that the limits on contributions to candidates were unconstitutionally low in light of several
factors impacting their operation. Randall v. Sorrell, 548 U.S. 230, 262 (2006). Consequently, the pre-existing law revived to supply
the current limits to candidates. See Oxfeld v. Sorrell, No. 2:08-cv-174, 2008 WL 4642254, at *3 & n.4 (D. Vt. Oct. 15, 2008))
(The Second Circuit Court of Appeals held that contributions are allowed from contributors regardless of whether or not they are
residents of the State of Vermont. Landell v. Sorrell, 382 F.3d 91, 141 (2d Cir. 2004), rev’d on other grounds sub nom. Randall v.
Sorrell, 548 U.S. 230 (2006).)
(a) A candidate for state representative or local office shall not accept contributions totaling more than $200.00 from a single source,
political committee or political party in any two-year general election cycle. A candidate for state senator or county office shall not
accept contributions totaling more than $300.00 from a single source, political committee or political party in any two-year general
election cycle. A candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or
attorney general shall not accept contributions totaling more than $400.00 from a single source, political committee or political party
in any two-year general election cycle.
A political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more
than $2,000.00 from a single source, political committee or political party in any two-year general election cycle. (Added 1997, No.
64)
(b) A single source, political committee or political party shall not contribute more to a candidate, political committee or political party
than the candidate, political committee or political party is permitted to accept under subsection (a) of this section. (Added 1997, No.
64)
(a) No candidate shall accept contributions totaling more than $1,000.00 from a single source for any election. (Added 1981 (Adj.
Sess.), No. 197, §1)
(b) No candidate shall accept contributions totaling more than $3,000.00 from a political committee for any election. (Added 1981
(Adj. Sess.), No. 197, §1; Amended 1987 (Adj. Sess.), No. 263, §3)
(c) A candidate, political party or political committee shall not accept, in any two-year general election cycle, more than 25 percent
of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not
organized in the state of Vermont.
(d) A candidate shall not accept a monetary contribution in excess of $50.00 unless made by check, credit or debit card, or other
electronic transfer.
(e) A candidate, political party or political committee shall not knowingly accept a contribution which is not directly from the
contributor, but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, or
otherwise circumventing the provisions of this chapter. It shall be a violation of this chapter for a person to make a contribution with
the explicit or implicit understanding that the contribution will be transferred in violation of this subsection.
(f) This section shall not be interpreted to limit the amount a candidate or his or her immediate family may contribute to his or her
own campaign. For purposes of this subsection, “immediate family” means individuals related to the candidate in the first, second or
third degree of consanguinity.
(g) The limitations on contributions established by this section shall not apply to contributions made for the purpose of advocating a
position on a public question, including a constitutional amendment.
(h) For purposes of this section, the term “candidate” includes the candidate’s political committee.
§ 2805a. Campaign expenditure limitations; amounts
(The United States Supreme Court held that Vermont’s expenditure limits were unconstitutional in Randall v. Sorrell, 548 U.S. 230
(2006), so they are no longer in effect.)
(a) The following campaign expenditure limitations shall apply to all candidates, for all primary, general and local elections, whether
or not a candidate accepts Vermont campaign finance grants under subchapter 6 of this chapter, is financing his or her campaign from
private contributions, or from the candidate’s own resources or that of his or her immediate family.
(1) A candidate for governor shall limit campaign expenditures to no more than $300,000.00 in any two-year general election cycle.
(2) A candidate for lieutenant governor shall limit campaign expenditures to no more than $100,000.00 in any two-year general
election cycle.
(3) A candidate for secretary of state, state treasurer, auditor of accounts or attorney general shall limit campaign expenditures to no
more than $45,000.00 in any two-year general election cycle.
(4) A candidate for state senator or county office shall limit campaign expenditures to no more than $4,000.00 plus, in the case of state
senator, an additional $2,500.00 for each additional seat in the senate district, in any two-year general election cycle.
(5) A candidate for state representative in a single-member district shall limit campaign expenditures to no more than $2,000.00, and
in a two-member district to no more than $3,000.00, in any two-year general election cycle.
(b) Recognizing the jurisdiction of the Congress of the United States to enact expenditure limitations and campaign finance reforms
for candidates for federal office, the general assembly of the state of Vermont expects candidates for the United States House of
Representatives and Senate to observe the contribution and expenditure limitations that apply to candidates for the office of governor.
(c) If a candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts or attorney
general is an incumbent of the office being sought, the candidate shall be permitted to expend only 85 percent of the amount allowed
for that office under this section. If a candidate for the general assembly is an incumbent of the office being sought, the candidate shall
be permitted to expend only 90 percent of the amount allowed for that office under this section.
(d) For purposes of this section, the term “candidate” includes the candidate’s political committee.
(e) The expenditure limitations contained in this section shall be adjusted for inflation by increasing them based on the Consumer
Price Index. Increases shall be rounded up to the nearest $100.00. Increases shall be effective for the first campaign cycle beginning
after the general election held on November 2, 2004. The adjustments shall be calculated retroactively to January 1, 2001. On or
before July 1, 2005, the secretary of state shall calculate and publish the amount of each limitation that will apply to the election cycle
in which July 1, 2005 falls. On July 1 of each subsequent odd‑numbered year the secretary shall publish the amount of each limitation
for the election cycle in which that publication falls.
§ 2806. Penalties
(a) A person who knowingly and intentionally violates a provision of subchapters 2 through 4 of this chapter shall be fined not more
than $1,000.00 or imprisoned not more than six months or both.
(b) A person who violates any provision of this chapter shall be subject to a civil penalty of up to $10,000.00 for each violation and
shall refund the unspent balance of Vermont campaign finance grants received, if any, calculated as of the date of the violation.
(c) In addition to the other penalties herein provided, a state’s attorney or the attorney general may institute any appropriate action,
injunction, or other proceeding to prevent, restrain, correct or abate any violation of this chapter.
§ 2806a Civil Investigation
(a) The attorney general or a state’s attorney, whenever he or she has reason to believe any person to be or to have been in violation
of this chapter or of any rule or regulation made pursuant to this chapter, may examine or cause to be examined by any agent or
representative designated by him or her for that purpose any books, records, papers, memoranda, and physical objects of any nature
bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation.
The attorney general or state’s attorney may require the attendance of such person or of any other person having knowledge in the
premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident
or has no place of business within the state and may take testimony and require proof material for his or her information and may
administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum. The attorney general or a state’s
attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for
written responses personally or by certified mail upon such person at his or her principal place of business, or, if such place is not
known, to his or her last known address. Any book, record, paper, memorandum, or other information produced by any person
pursuant to this section shall not, unless otherwise ordered by a court of this state for good cause shown, be disclosed to any person
other than the authorized agent or representative of the attorney general or a state’s attorney or another law enforcement officer
engaged in legitimate law enforcement activities, unless with the consent of the person producing the same. This subsection shall not
be applicable to any criminal investigation or prosecution brought under the laws of this or any state.
(b) A person upon whom a notice is served pursuant to the provisions of this section shall comply with the terms thereof unless
otherwise provided by the order of a court of this state. Any person who, with intent to avoid, evade, or prevent compliance, in whole
or in part, with any civil investigation under this section, removes from any place, conceals, withholds, or destroys, mutilates, alters,
or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to such notice, or
mistakes or conceals any information, shall be fined not more than $5,000.00.
(c) Whenever any person fails to comply with any notice served upon him or her under this section or whenever satisfactory copying
or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general or
a state’s attorney may file, in the superior court in which such person resides or has his or her principal place of business or in
Washington County if such person is a nonresident or has no principal place of business in this state, and serve upon such person a
petition for an order of such court for the enforcement of this section. Whenever any petition is filed under this section, such court
shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry
into effect the provisions of this section. Any disobedience of any order entered under this section by any court shall be punished as
contempt thereof.
(d) Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington Superior Court or the
superior court in the county in which the aggrieved person resides. Except for cases the court considers to be of greater importance,
proceedings before superior court as authorized by this section shall take precedence on the docket over all other cases.
§ 2807. New campaign accounts
Candidates who choose to roll over any surplus contributions into a new campaign account for public office may close out their former
campaign by filing a final report with the secretary of state converting all debts and assets to the new campaign. A candidate shall be
required to file a new bank designation form only if there has been a change in the treasurer or the location of the campaign account.
§ 2808 Repealed. 2005, No. 62 (Adj. Sess.), § 14.
§ 2809. Accountability for related expenditures
(Please note: The Office of the Secretary of State has adopted Rules for Related Expenditures that are included at the end of the
campaign finance law.)
(a) A related campaign expenditure made on a candidate’s behalf shall be considered a contribution to the candidate on whose behalf it
was made.
(b) A related campaign expenditure made on a candidate’s behalf shall be considered an expenditure by the candidate on whose
behalf it was made. However, if the expenditure did not exceed $50.00, the expenditure shall not be considered an expenditure by the
candidate on whose behalf it was made.
(c) For the purposes of this section, a “related campaign expenditure made on the candidate’s behalf” means any expenditure intended
to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if
intentionally facilitated by, solicited by or approved by the candidate or the candidate’s political committee.
(d) An expenditure made by a political party or by a political committee that recruits or endorses candidates, that primarily benefits
six or fewer candidates who are associated with the political party or political committee making the expenditure, is presumed to
be a related expenditure made on behalf of those candidates. An expenditure made by a political party or by a political committee
that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates party or political committee
functions, voter turnout, platform promotion or organizational capacity shall not be presumed to be a related expenditure made on
a candidate’s behalf. In addition, an expenditure shall not be considered a “related campaign expenditure made on the candidate’s
behalf” if all of the following apply:
(1) The expenditures were made in connection with a campaign event whose purpose was to provide a group of voters with
the opportunity to meet the candidate personally.
(2) The expenditures were made only for refreshments and related supplies that were consumed at that event.
(3) The amount of the expenditures for the event was less than $100.00.
(e) A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by
filing a petition with the superior court of the county in which either candidate resides. Within 24 hours of the filing of a petition,
the court shall schedule the petition for hearing. Except as to cases the court considers of greater importance, proceedings before the
superior court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned
for hearing and trial or for argument at the earliest practicable date and expedited in every way. The findings and determination of the
court shall be prima facie evidence in any proceedings brought for violation of this chapter.
(f) The secretary of state may adopt rules necessary to administer the provisions of this section.
§ 2810. Candidate information publication; on-line database
(a) For each two-year general election cycle, the secretary of state shall develop and continuously update a publicly accessible
campaign database. The database shall contain at least the following information for all candidates for statewide and county office
and for the general assembly: for candidates receiving public financing grants, the amount of each grant awarded; the information
contained in campaign finance reports filed under this chapter; and all reports of mass media activity expenditures filed under section
2883 of this title. The database shall also include campaign finance reports filed by candidates for federal office. The information in the
database, together with any biographical sketches and position statements submitted to the secretary of state by such candidates, shall
be made available to the public through the Vermont state home page on-line service, or through printed reports from the secretary in
response to a public request within 14 days of the date of the request.
(b) Any candidate for statewide office and any candidate for federal office qualified to be on the ballot in this state may submit to
the secretary of state a photograph, biographical sketch and position statement of a length and format specified by the secretary for
the purposes of preparing a candidate information publication. Without making changes in the material presented, the secretary shall
prepare a candidate information publication for statewide distribution prior to the general election, which includes the candidates’
photographs, biographies and position statements, a brief explanation of the process used to obtain candidate submissions, and, with
respect to offices for which public financing is available, an indication of which candidates are receiving Vermont campaign finance
grants and which candidates are not receiving Vermont campaign finance grants. The secretary shall prepare, publish and distribute
the candidate information publication throughout the state no later than one week prior to the general election. The secretary shall
also seek voluntary distribution of the candidate information publication in weekly and daily newspapers and other publications in the
state. The candidate information publication shall also be available in large type, audiotape and Internet versions.
§ 2810a. Administration
The secretary of state shall administer this chapter and shall perform all duties required under this chapter. The secretary may employ
or contract for the services of persons necessary for performance of these duties.
Subchapter II
§ 2811. Campaign reports; candidates for state office, the general assembly, political committees and political parties
(a) Each candidate for state office, each candidate for the general assembly who has made expenditures or received contributions
of $500.00 or more, and each political committee and each political party required to register under section 2831 of this title shall
file with the secretary of state campaign finance reports on July 15th and on the 15th of each month thereafter until and including
December 15th.
(b) At any time, but not later than December 15th following the general election, a candidate for state office and each candidate for
the general assembly who has made expenditures or received contributions of $500.00 or more shall file with the secretary of state
a “final report” which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which shall
constitute the termination of his or her campaign activities.
(c) A political committee or political party shall file a campaign finance report not later than 40 days following the general election. At
any time, a political committee or a political party may file a “final report” which lists a complete accounting of all contributions and
expenditures and which shall constitute the termination of its campaign activities.
(d) In odd-numbered years campaign finance reports shall be filed on July 15.
(e) Each candidate for the general assembly required to file campaign finance reports under this section shall also file such reports with
the clerk of the candidate’s respective senate or house district.
(f) In addition to any other reports required to be filed under this chapter, a candidate for state office or for the general assembly
who receives a monetary contribution in an amount over $2,000.00 within 10 days of a primary or general election shall report the
contribution to the secretary of state within 24 hours of receiving the contribution. The report shall include all information that is
required to be disclosed under the provisions of subsections 2803(a) and (b) of this title.
(g) Each candidate for state office and each candidate for the general assembly who has made expenditures or received contributions
of $500.00 or less shall file with the secretary of state, 10 days following the general election, a statement that the candidate has not
made expenditures or received contributions of more than $500.00 during the two-year general election cycle.
Subchapter III
§ 2821. Campaign reports; county office candidates
(a) Each candidate for county office who has made expenditures or accepted contributions of $500.00 or more shall file campaign
finance reports with the officer with whom his or her nomination papers are filed as follows:
(1) 10 days before the primary election;
(2) 10 days before the general election;
(3) further campaign reports shall be filed on the 15th day of July and annually thereafter or until all contributions and
expenditures have been accounted for and any indebtedness and surplus have been eliminated.
(b) Within 40 days after the general election, each candidate for county office who has made expenditures or accepted contributions of
$500.00 or more shall file a “final report” which lists a complete accounting of all contributions and expenditures, and disposition of
surplus, and which shall constitute the termination of his or her campaign activities.
(c) Copies of reports filed under this section shall be forwarded by the officer to the secretary of state within five days of receipt.
§ 2822. Campaign reports; local candidates
Each candidate for local office who has made expenditures or accepted contributions of $500.00 or more shall file with the officer with
whom his nomination papers are filed campaign finance reports ten days before and ten days after the local election.
§ 2823. Non-filing
The failure of a legislative, county or local candidate to file a campaign finance report shall be deemed an affirmative statement that
the candidate has not accepted contributions or made expenditures of $500.00 or more.
Subchapter IV
§ 2831. Campaign reports; political committees and parties
(a) Each political committee and each political party which has accepted contributions or made expenditures of $500.00 or more shall
register with the secretary of state stating its full name and address, the name of its treasurer, and the name of the bank in which it
maintains its campaign checking account within ten days of reaching the $500.00 threshold.
(b) A political committee or political party which has accepted contributions or made expenditures of $500.00, or more, for the
purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall file campaign finance
reports ten days before and ten days after the local election with the clerk of the municipality in which the election is held and with the
secretary of state.
(c) Any formal or informal committee of two or more individuals, or a corporation, labor organization, public interest group, or
other entity, not including a political party, which makes expenditures of more than $500.00 in any one calendar year for the purpose
of advocating a position on a public question in any election or affecting the outcome of an election on a public question shall file a
report of its expenditures 10 days before and 10 days after the election with the clerk of the municipality in which the election is held
and with the secretary of state.
§ 2832. Filing with federal election commission
A political committee or political party may satisfy the filing requirements of this subchapter and subchapter 2 of this chapter by filing
with the secretary of state a copy of that portion of the campaign finance reports applicable to candidates seeking election in this state
which the committee or party has filed with the Federal Election Commission and by designating an in-state agent in the report.
Subchapter VI
§ 2851. Definitions
As used in this subchapter:
(1) “Affidavit” means the Vermont campaign finance affidavit required under section 2852 of this title.
(2) “General election period” means the period beginning the day after the primary election and ending the day of the general election.
(3) “Primary election period” means the period beginning the day after primary petitions must be filed under section 2356 of this title
and ending the day of the primary election.
(4) “Vermont campaign finance qualification period” means the period beginning February 15 of each even-numbered year and ending
on the date on which primary petitions must be filed under section 2356 of this title.
(5) “Secretary” means the secretary of state.
§ 2852. Filing of Vermont campaign finance affidavit
(a) A candidate for the office of governor or lieutenant governor who intends to seek Vermont campaign finance grants from the
Vermont campaign fund shall file a Vermont campaign finance affidavit on the date on or before which primary petitions must be filed,
whether the candidate seeks to enter a party primary or is an independent candidate.
(b) The secretary of state shall prepare a Vermont campaign finance affidavit form, informational materials on procedures and
financial requirements and notification of the penalties for violation of this subchapter. The Vermont campaign finance affidavit shall
set forth the conditions of receiving grants under this subchapter and provide space for the candidate to agree that he or she will abide
by such conditions and all expenditure and contribution limitations, reporting requirements, and other provisions of this chapter.
The affidavit shall also state the candidate’s name, legal residence, business or occupation, address of business or occupation, party
affiliation, if any, the office sought and whether the candidate intends to enter a party primary. The affidavit shall also contain a list
of all the candidate’s qualifying contributions together with the name and town of residence of the contributor and the date each
contribution was made. The affidavit may further require affirmation of such other information as deemed necessary by the secretary
for the administration of this subchapter. The affidavit shall be sworn and subscribed to by the candidate.
§ 2853. Vermont campaign finance grants; conditions
(a) A person shall not be eligible for Vermont campaign finance grants if, during a two-year general election cycle, he or she becomes
a candidate by announcing that he or she seeks an elected position as governor or lieutenant governor, or by accepting contributions
totaling $2,000.00 or more or by making expenditures totaling $2,000.00 or more prior to February 15 of the general election year.
(b) A candidate who accepts Vermont campaign finance grants, shall:
(1) Not solicit, accept or expend any contributions except qualifying contributions, Vermont campaign finance grants and
contributions authorized under section 2855 of this title, which contributions may be solicited, accepted or expended only in
accordance with the provisions of this subchapter.
(2) Deposit all qualifying contributions, Vermont campaign finance grants and any contributions accepted in accordance with
the provisions of section 2855 of this title in a federally insured noninterest bearing checking account.
(3) Not later than 40 days after the general election, deposit in the Vermont campaign fund, after all permissible expenditures
have been paid, the balance of any amounts remaining in the account established under subdivision (2) of this subsection.
§ 2854. Qualifying contributions
(a) In order to qualify for Vermont campaign finance grants, a candidate for the office of governor or lieutenant governor must obtain
during the Vermont campaign finance qualification period the following amount and number of qualifying contributions for the office
being sought:
(1) For governor, a total amount of no less than $35,000.00 collected from no fewer than 1,500 qualified individual
contributors making a contribution of no more than $50.00 each.
(2) For lieutenant governor, a total amount of no less than $17,500.00 collected from no fewer than 750 qualified individual
contributors making a contribution of no more than $50.00 each.
(b) No candidate may accept more than one qualifying contribution from the same contributor and no contributor may make more
than one qualifying contribution to the same candidate in any Vermont campaign finance qualification period. For the purpose of this
section, a qualified individual contributor means an individual who is registered to vote in Vermont. No more than 25 percent of the
total number of qualified individual contributors may be residents of the same county.
(c) Each qualifying contribution must indicate the name and town of residence of the contributor, the date received, and be
acknowledged by the signature of the contributor.
(d) A candidate may retain and expend qualifying contributions obtained under this section. A candidate may expend the qualifying
contributions for the purpose of obtaining additional qualifying contributions and may expend the remaining qualifying contributions
during the primary and general election periods. Amounts expended under this subsection shall be considered expenditures for
purposes of this chapter.
§ 2855. Vermont campaign finance grants; amounts; timing
(a) To the extent funds are available, the secretary of state shall make grants from the Vermont campaign fund in separate grants for
the primary and general election periods to candidates who have qualified for Vermont campaign finance grants under this (b) Whether
a candidate has entered a primary or is an independent candidate, Vermont campaign finance grants shall be in the following amounts:
(1) For governor, $75,000.00 in a primary election period and $225,000.00 in a general election period, provided that the
grant for a primary election period shall be reduced by an amount equal to the candidate’s qualifying contributions.
(2) For lieutenant governor, $25,000.00 in a primary election period and $75,000.00 in a general election period, provided
that the grant for a primary election period shall be reduced by an amount equal to the candidate’s qualifying contributions.
(3) A candidate who is an incumbent of the office being sought shall be entitled to receive a grant in an amount equal to 85
percent of the amount listed in subdivision (1) or (2) of this subsection.
(c) In an uncontested general election and in the case of a candidate who enters a primary election and is unsuccessful in that election,
an otherwise eligible candidate shall not be eligible for a general election period grant. However, such candidate may solicit and
accept contributions and make expenditures as follows: contributions shall be subject to the limitations of section 2805 of this title and
expenditures shall be limited to an amount equal to the amount of the grant set forth in subsection (b) of this section for the general
election for that office.
(d) Grants awarded in a primary election period, but not expended by the candidate in the primary election period, may be expended
by the candidate in the general election period.
(e) If the Vermont campaign fund contains insufficient revenues to provide Vermont campaign finance grants to all candidates under
this section, the available funds shall be distributed proportionately among all qualifying candidates. If grants are reduced under this
subsection, a candidate may solicit and accept additional contributions equal to the amount of the difference between the amount of
the Vermont campaign finance grants authorized and the amount received under this section. Additional contributions authorized under
this subsection shall be governed by the provisions of sections 2805 and 2853 of this title.
(f) Vermont campaign finance grants for a primary election period shall be paid to qualifying candidates within the first ten business
days of the primary election period. Vermont campaign finance grants for a general election period shall be paid to qualifying
candidates during the first ten business days of the general election period.
§ 2856. Vermont campaign fund
(a) A Vermont campaign fund is created for distribution of Vermont campaign finance grants to candidates for the offices of governor
and lieutenant governor. The fund shall be administered by the state treasurer, and payments shall be made under warrants issued by
the secretary of state.
(b) The fund shall consist of revenues from the following sources:
(1) Any amounts required to be deposited in the fund under section 2853 of this title.
(2) All penalties and fines levied for violations of this chapter.
(3) Forty percent of the amounts paid as annual report fees by domestic corporations under subdivision 1.22(a)(17) of Title
11A and 33 percent of the amounts paid as annual report fees by foreign corporations under subdivision 1.22(a)(16) of Title
11A.
(4) All amounts collected from the tax on lobbying expenditures imposed under 2 V.S.A. § 264a.
(Please note: The tax on lobbying expenditures was held unconstitutional by the Vermont Supreme Court. Vermont Society of
Association Executives v. Milne (2001) 172 Vt. 375. All taxes paid in 1998 and 1999 were refunded.)
(5) All amounts collected under section 5862c of Title 32, the Vermont campaign fund add-on.
(6) Any gifts received by the fund.
(7) Any amounts appropriated to the Vermont campaign fund by act of the general assembly.
(c) All principal and interest remaining in the fund at the close of any fiscal year shall not revert but shall remain in the fund for use in
succeeding fiscal years.
Subchapter VII
§§ 2881-2883. Repealed. 2005, No. 62 (Adj. Sess.), § 14.
Subchapter VIII
§ 2891. Definitions
As used in this chapter, “electioneering communication” means any communication, including communications published in any
newspaper or periodical or broadcast on radio or television or over any public address system, placed on any billboards, outdoor
facilities, buttons or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers, or
other circulars, or in any direct mailing, robotic phone calls, or mass e‑mails that refers to a clearly identified candidate for office
and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, regardless of whether the
communication expressly advocates a vote for or against a candidate.
§ 2892. Identification
All electioneering communications shall contain the name and address of the person, political committee, or campaign who or which
paid for the communication. The communication shall clearly designate the name of the candidate, party, or political committee by or
on whose behalf the same is published or broadcast. The identification requirements of this section shall not apply to lapel stickers or
buttons, nor shall they apply to electioneering communications made by a single individual acting alone who spends, in a single twoyear general election cycle, a cumulative amount of no more than $150.00 on those electioneering communications.
§ 2893. Notice of Expenditure
(a) For purposes of this section, “mass media activities” includes television commercials, radio commercials, mass mailings, literature
drops, newspaper and periodical advertisements, robotic phone calls, and telephone banks which include the name or likeness of a
clearly identified candidate for office.
(b) In addition to any other reports required to be filed under this chapter, a person who makes expenditures for any one mass media
activity totaling $500.00 or more within 30 days of a primary or general election shall, for each activity, file a mass media report with
the secretary of state and send a copy of the mass media report to each candidate whose name or likeness is included in the activity
within 24 hours of the expenditure or activity, whichever occurs first. For the purposes of this section, a person shall be treated as
having made an expenditure if the person has executed a contract to make the expenditure. The report shall identify the person who
made the expenditure with the name of the candidate involved in the activity and any other information relating to the expenditure that
is required to be disclosed under the provisions of subsections 2803(a) and (b) of this title.
APPENDIX B
OTHER STATUTORY REFERENCES
As a reference aid, we are providing sections of the Vermont Annotated Statutes that may also affect certain
candidates, political committees (PACs) or parties. These are included as an aid only.
TITLE 2, Chapter 11: Registration of Lobbyists
§ 266. Prohibited conduct
It shall be prohibited conduct:
(1) to employ a lobbyist or lobbying firm, or accept employment as a lobbyist or lobbying firm, for compensation that is dependent on
a contingency;
(2) for a legislator or administrative official to solicit a gift, other than a political contribution, from a registered employer or registered
lobbyist or a lobbying firm engaged by an employer, except that charitable contributions for nonprofit organizations qualified under
Section 501(c)(3) of the federal Internal Revenue Code may be solicited from registered employers and registered lobbyists or
lobbying firms engaged by an employer; or
(3) when the general assembly is in session, until adjournment sine die, for a legislator or administrative official to solicit a political
campaign contribution as defined in 17 V.S.A. § 2801 from a registered lobbyist or a lobbying firm engaged by an employer or
registered employer or for a registered lobbyist or registered employer or a lobbying firm engaged by an employer to make or promise
a political campaign contribution to any member of the general assembly or any member’s campaign committee.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 3b; 2007, No. 5, § 6, eff. April 12, 2007.)
TITLE 4, Chapter 15: Judicial Nominations and Appointments
§ 605. Political activity by judges prohibited
Superior and district judges shall not make any contribution to or hold any office in a political party or organization or take part in any
political campaign.
(1966, No. 64 (Sp. Sess.), § 6, eff. Jan. 1, 1967; amended 1971, No. 161 (Adj. Sess.) § 5.)
TITLE 13, Chapter 51; Gambling and Lotteries
§ 2143a. Political parties
Notwithstanding the provisions of this chapter, a political party, organized under chapter 45 of Title 17, may organize and execute, and
an individual may participate in raffles, the proceeds of which are to be used in undertakings consistent with the purpose of political
parties. (Added 1983, No. 136 (Adj. Sess.).)
TITLE 32: Taxation and Finance, Chapter 3: Fiscal Officers and Commissions
§ 109. Solicitations and contributions prohibited
(a) As used in this section:
(1) “Firm” means any person or entity that provides investment services and includes the owner of the firm, excluding those
shareholders owning less than one percent holdings in the firm’s outstanding shares, and all managers, officers, directors,
partners or employees who have managerial or discretionary responsibility to invest funds, manage funds or provide
investment services.
(2) “Investment services” means legal services, investment banking services, investment advisory services, underwriting
services, financial advisory services or brokerage firm services for brokerage, underwriting and financial advisory activities
which are within the statutory purview of the treasurer.
(3) “Treasurer” means the treasurer of the state of Vermont.
(b) A firm that currently has a contract with the state treasurer or a political committee established by that firm shall not make a
contribution to, or solicit contributions on behalf of, a candidate for the office of treasurer. A violation of this subsection shall be
considered a material breach and a default by the firm of any contract issued to it by the treasurer. Upon the occurrence of such a
material breach and default, the treasurer shall notify the firm of the state’s intention to terminate the firm’s contract. The treasurer
shall forthwith seek to reissue the contract to another person or entity in accordance with existing law and procedures. This subsection
shall not preclude the payment of compensation, expenses or fees to a firm that has violated this subsection regarding work performed
or expenses incurred prior to the date the contract is terminated.
(c) The treasurer shall not enter into any contract with any firm if the firm or a political committee established by that firm has made a
contribution or solicited contributions on behalf of a candidate for the office of treasurer after July 1, 1997 and within five years of the
date of the contract. (Added 1997, No. 64, § 26.)
APPENDIX C
BANK DESIGNATION & TREASURER APPOINTMENT FORM
for use by Candidates
Date: _____________________________
Full name of candidate: ____________________________________________________
Office sought: ____________________________________________________________
Mailing address: __________________________________________________________
City: ______________________________ State: ________________ Zip: ___________
Party Affiliation: _________________________ Telephone: ______________________
Candidate email: _________________________________________________________
In accordance with 17 V.S.A. §2802, a checking account for the campaign of the candidate named above has
been established at:
Name of Bank: ___________________________________________________________
Address: ________________________________________________________________
City: ______________________________ State: ________________ Zip: ___________
The Treasurer who has been appointed to be in charge of the campaign finance is:
Name: _________________________________________________________________
Mailing Address: _________________________________________________________
City: ______________________________ State: ________________ Zip: ___________
Telephone: ___________________________ Email: ____________________________
_____________________________________
Signature of Candidate
______________________________
Signature of Treasurer
NOTE: Unless you are a candidate running for local or county office, this form must be filed with the Vermont
Secretary of State - Elections Division 128 State Street, Montpelier, VT 05633-1101.
Local candidates must file with their local clerk. County candidates must file with their county clerk.
APPENDIX D
BANK DESIGNATION & TREASURER APPOINTMENT FORM
for use by Political Committees (PACs) and Political Parties
Date: _____________________________
Full name of committee: ___________________________________________________
Mailing address___________________________________________________________
City: ________________________________________ State: ______ Zip: ___________
Telephone: ________________________ Email: ________________________________
In accordance with 17 V.S.A. §2802, a checking account for the campaign of the committee named above has
been established at:
Name of Bank: ____________________________________________________________
Address: _________________________________________________________________
City: ________________________________________ State: ______ Zip: ____________
The Treasurer who has been appointed to be in charge of the committee’s Vermont campaign finance is:
Name: ___________________________________________________________________
Mailing Address: __________________________________________________________
City: ________________________________________ State: ______ Zip: ____________
Telephone: ___________________________ Email: _____________________________
_____________________________________
Signature of Committee Chair
______________________________
Signature of Treasurer
This form must be filed with:
Vermont Secretary of State - Elections Division.
128 State Street
Montpelier, VT 05633-1101
(802) 828-2363
APPENDIX E
Date report completed:___________________________________
NOTICE OF MASS MEDIA ACTIVITIES
Any person who makes expenditures totaling $500 or more for mass media activities within 30 days of a primary or general election
shall report such expenditures to the Vermont Secretary of State and to each candidate whose name or likeness is included in the activity
within 24 hours of making the expenditure(s).
Mass media activities include television commercials, radio commercials, mass mailings, literature drops and central telephone banks
which include the name or likeness of a clearly identified candidate for office.
Name of person
making expenditure:
Address:
Telephone:
Candidate on whose
behalf expenditure was
made:
Candidate(s)
mentioned:
Email (if available):
Signature:
(If you have made more than two mass media expenditures within the past 24 hours, please complete another copy of the form to show
your additional expenditures.)
Date of expenditure:
Amount of expenditure:
To whom paid:
Address:
City/Town, State, Zip:
Purpose of expenditure/description:
Date of expenditure:
Amount of expenditure:
To whom paid:
Address:
City/Town, State, Zip:
Purpose of expenditure/description:
If you fax this notice to (802) 828-5171, you must follow up by mailing the original(s) to:
Mailing address: Office of the Vermont Secretary of State, 128 State Street, Montpelier, VT 05633-1101
APPENDIX F
CANDIDATE’S STATEMENT OF EXPENDITURES/CONTRIBUTIONS LESS THAN $500
This form should only be filed by candidates for statewide office or general assembly (state senate or state house
of Representatives). Political committees and political parties should not fill out or file this form. This form
should be filed with the Office of the Vermont Secretary of State.
NAME (please print):_____________________________________________________________
OFFICE SOUGHT:_____________________________________________________________
(Please include legislative district name, if general assembly candidate.)
I hereby certify that as a candidate for statewide office or the general assembly I did not receive contributions
totaling $500 dollars or more in the current election cycle, and that I did not make
expenditures totaling more than $500 during the same period.
_______________________________________________________________ ____________________
(Candidate’s Signature)
(Date)
Vermont Secretary of State
Attn: Elections Division
128 State Street
Montpelier, VT 05633-1101
(802) 828-2363
APPENDIX G
CAMPAIGN FINANCE SUPPLEMENTAL DISCLOSURE REPORT
REPORT OF CONTRIBUTIONS OVER $2000 WITHIN 10 DAYS OF ELECTION
This form should be filed ONLY by candidates who have received a contribution of $2000 within the 10 days preceding
the Primary or General Election. This form must be filed within 24 hours of accepting the contribution. You may fax this
form, as long as an original is also filed with the Office of the Secretary of State. (PLEASE TYPE OR PRINT)
Candidate Name: __________________________________________________________________________
Campaign Name: __________________________________________________________________________
Address:_________________________________________________________________________________
Town:__________________________________________ State: __________ Zip Code:_________________
Tel. No.:_______________ Party Affiliation:________________Office Sought:________________________
DETAILS OF CONTRIBUTIONS OVER $2000.00
This is a supplemental report. These gifts must also be included in your next regular campaign finance disclosure
report.
1) Name of Contributor _____________________________________________________________________________
Address _________________________________________________________________________________________
Town__________________________________________________ State __________ Zip Code __________________
Date of Contribution _______ Amount $____________Total Amount of Contributor’s Contributions to Date $______
If an In-Kind Contribution, Please Describe _____________________________________________________________
2) Name of Contributor_____________________________________________________________________________
Address _________________________________________________________________________________________
Town__________________________________________________ State __________ Zip Code ___________________
Date of Contribution _______ Amount $____________Total Amount of Contributor’s Contributions to Date $______
If an In-Kind Contribution, Please Describe _____________________________________________________________
3) Name of Contributor_____________________________________________________________________________
Address _________________________________________________________________________________________
Town__________________________________________________ State __________ Zip Code __________________
Date of Contribution _______ Amount $____________Total Amount of Contributor’s Contributions to Date $______
If an In-Kind Contribution, Please Describe ____________________________________________________________
Please attach additional sheets, if needed. This form must be filed in the Office of the Secretary of State,
Elections Division, 128 State Street, Montpelier, VT 05633-1101.
Phone: (802) 828-2363 FAX: (802) 828-5171
APPENDIX H
ADMINISTRATIVE RULE 2000-1
VERMONT CAMPAIGN FINANCE LAW REGULATION OF RELATED EXPENSES
1. Pursuant to the rulemaking authority given to the Secretary of State in 17 V.S.A. § 2809(f), the following
rules are necessary for the proper administration of provisions of section 2809.
2. For purposes of section 2809(c), which states “for the purposes of this section, a related campaign expenditure
made on the candidate’s behalf means any expenditure intended to promote the election of a specific candidate or
group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by,
solicited by or approved by the candidate or the candidate’s political committee:”
a) A campaign expenditure may be a “related campaign expenditure” even if the candidate or the candidate’s
political committee did not have a specific intent to make an activity or expense a “related campaign
expenditure on a candidate’s behalf.” However, some knowledge of the fact, or willful blindness toward
the fact that the action will be used in connection with an activity or expenditure on the candidate’s behalf is
necessary.
b) “Intentionally facilitated” means for a candidate or the candidate’s political committee to consciously, and
not accidentally, have done an action to make the activity or expenditure possible.
c) “Solicited” means for the candidate or the candidate’s political committee to appeal or ask directly or by an
intermediary or by any other means, procure the activity.
d) “Approved” means for the candidate or the candidate’s political committee to have consciously, and not
accidentally, taken any prior action or inaction that indicates permission or approval. Simply knowing that
an activity or expenditure is taking place does not, alone, constitute approval.
3. For purposes of section 2809(d) which states, in pertinent part, that “an expenditure made by a political party or
by a political committee that recruits or endorses candidates, that primarily benefits six or fewer candidates who
are associated with the political party or political committee making the expenditure, is presumed to be a related
expenditure made on behalf of those candidates. As expenditure made by a political party or by a political
committee that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates
party or political committee functions, voter turnout, platform promotion or organizational capacity shall not be
presumed to be a related expenditure made on a candidate’s behalf”:
a) An expenditure “primarily benefits” six or less candidates when the principal purpose of the expenditure is to
promote six or fewer specific candidates.
b) The fact that an activity may incidentally benefit all candidates of the same party, for example, by increasing
voter participation of a particular party, or by some other means, will not prevent an activity from being
presumed to be a related campaign expenditure.
c) While an expenditure or activity does not have to equally benefit all candidates, it will “primarily benefit”
more than six candidates if a reasonable person receiving the mailing or seeing the advertisement will believe
that its purpose is to promote more than six candidates.
d) When an expenditure is presumed to be a related expenditure, the presumption can be overcome by evidence
that the elements of the definition in section 2809(c) were not met or that the elements in 2809(d)(1-3) apply.
When an expenditure is not presumed to be a related expenditure because it substantially benefits more than
six candidates, the expenditure may still be treated as a related expenditure made on behalf of each candidate
if the elements of the definition in section 2809(c) were met and the elements of (d)(1-3) apply.
4. For purposes of section 2809(d) which states, in pertinent part, that “an expenditure shall not be considered a
related campaign expenditure made on the candidate’s behalf” if all of the following apply:
a) The expenditures were made in connection with a campaign event whose purpose was to provide a group of
voters with the opportunity to meet the candidate personally;
b) The expenditures were made only for refreshments and related supplies that were consumed at that event;
and
c) The amount of the expenditures for the event was less than $100.00
An expenditure that meets the requirements above will not be a related expenditure on a candidate’s behalf even
if the expenditure was intentionally facilitated by, solicited by, or approved by the candidate.
5. For the purpose of section 2809(c) & (e), “opposing candidate” means any person who seeks the same office that
the candidate seeks.