Secretary of State August 1999 |
Published by the |
1999
Guide to Vermonts Campaign Finance Law Introduction In 1997 the Vermont Legislature and Governor passed a new campaign finance law that has far reaching implications for candidates, contributors, political committees and political parties. The Secretary of States Office is charged with administering this new law. To this end, our elections division provides candidates, political committees, political parties and others with information on the requirements of Vermonts election and campaign finance law. Our goal is to help you comply with Vermonts campaign finance requirements by letting you know what is required through educational publications and public forums, by answering your questions about the laws nuances, and by letting you know how the Office of the Attorney General has indicated to us that it will be enforcing the new law.
This guide explains the requirements of Vermonts campaign finance law and answers some of the more frequently asked questions. For your convenience, a copy of the campaign finance law is included at the end of the pamphlet so that if you have a question about the requirements of the law, you can go right to the source. Of course, you are also welcome to call this office with your questions at (802) 828-2363, e-mail us at kdewolfe@sec.state.vt.us, or write to Kathleen DeWolfe, Director of Campaign Finance and Elections, Redstone Building, 26 Terrace Street, Drawer 09, Montpelier, Vermont 05609-1101.
Deborah L. Markowitz |
A Candidates Overview Of Campaign Finance Law | |
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Special Rules for Candidates Seeking Public Financing | |
Vermonts new campaign finance law permits candidates for governor and lieutenant governor to seek public financing for their campaigns. In order to qualify for public funding the candidate must meet certain qualifications as described below:
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Special Information for Political Parties and Political Committees |
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A CANDIDATES 2000 PRIMARY & GENERAL ELECTION CALENDAR | |
January
February 1 (Tuesday) The officer receiving petitions for candidates running for municipal office must return any defective petitions to the candidate by this date (within 24 hours of receipt). 17 V.S.A. § 2681(e).2 (Wednesday) A person consenting to be nominated for municipal office in the Australian ballot system of voting may withdraw by notifying the municipal clerk in writing no later than 5:00 p.m. on the Wednesday after the filing deadline. 17 V.S.A. § 2681(d). By 5:00 p.m. on this day, candidates for municipal office must have filed a consent of candidate form with the municipal clerk. 17 V.S.A. § 2681(a). 26 (Saturday) This is the last day to apply for addition to the
checklist in order to vote in the presidential primary and at town meeting. Town clerks'
offices must be open from 10:00 a.m. to 12:00 noon to accept applications. 17 V.S.A. §
2144(a) and (b). 28 (Monday) A local candidate who has made expenditures or accepted contributions of $500 or more shall file a campaign finance report ten days prior to the election. 17 V.S.A. §§ 2822, 2103(13). If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. March 7 (Tuesday) PRESIDENTIAL PRIMARY DAY & TOWN MEETING A meeting of the legal voters of each town shall be held annually on the first Tuesday in March unless the town charter says otherwise. 17 V.S.A. §§ 2640(a) and 2631. 17 (Friday) A local candidate who has made expenditures or accepted contributions of $500 or more shall file a campaign finance report by this date. 17 V.S.A. §2822. July 17 (Monday) County office candidates campaign finance reports are due by 5:00 p.m. in the offices of the officer with whom a candidates nomination petition was filed until all contributions and expenditures have been accounted for and any indebtedness and surplus have been eliminated. 17 V.S.A. § 2821(a)(3). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c). Primary petitions and consent forms shall be filed not later than 5:00 p.m. on the third Monday of July preceding the primary election. 17 V.S.A. § 2356. August 3 (Thursday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state 40 days before the primary. 17 V.S.A. § 2811(a)(1). Candidates for the general assembly required to file shall also file such reports with the clerk of the candidates respective senate or house district. 17 V.S.A. § 2811(e). 25 (Friday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m. 17 V.S.A. § 2811(a)(1). September 2 (Saturday) This is the last day to apply for addition to the checklist in order to vote in the primary. Clerks' offices will be kept open from 10:00 a.m. to 12:00 noon to receive applications. 17 V.S.A. §§ 2144(a) and (b).This is also the last day for town clerks to receive a request for an application for addition to the checklist accompanying an absentee ballot request. 17 V.S.A. §§ 2532(b) and (c). 4 (Monday) Candidates for county office deadline for filing ten-day pre-primary campaign finance reports with the officer with whom his or her nomination papers are filed. If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2811, 2821, 2831 and 2103(13). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c). 8 (Friday) This is the first day for independent and minor political party candidates, nominees of major parties that have failed to nominate candidates in the primary, and candidates for the office of justice of the peace to file statements of nomination with the appropriate filing officer (60 days before the general election). 17 V.S.A. § 2386.12 (Tuesday) PRIMARY ELECTION DAY 15 (Friday) Canvassing committees in single town districts prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination by this date. 17 V.S.A. § 2371(a).18 (Monday) Canvassing committees in multi-town representative districts and for countywide offices and public questions and for state senator prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination by this date. 17 V.S.A. § 2371(a).19 (Tuesday) Canvassing committees for statewide and congressional offices meet at 10:00 a.m. to tally returns. 17 V.S.A. § 2368. 20 (Wednesday) Within five days of the date of mailing or personal delivery of a statement of nomination to a candidate for state representative from a single town district, that candidate may request that an error in the candidate's name, residence or party affiliation be corrected or that the candidate's preference as to the candidate's own name be used on the ballot, as well as choosing which party affiliation will be listed if the candidate was nominated by more than one party. 17 V.S.A. §§ 2371(b), 2474. 21 (Thursday) This is the last day for independent and minor political party candidates, nominees of major parties that have failed to nominate candidates in the primary, and candidates for the office of justice of the peace to file statements of nomination with the appropriate filing officer (47 days before the general election). 17 V.S.A. § 2386. This is also the last day for validly nominated candidates to withdraw their names from the ballot by filing a written notice with the town clerk in the case of a justice of the peace, or with the secretary of state in the case of all other offices. 17 V.S.A. § 2412. This is the last day for candidates nominated by party caucus to fill vacancies caused by the withdrawal or removal of a candidate to file statements with the secretary of state. 17 V.S.A. § 2386. 25 (Monday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m. 17 V.S.A. § 2811(a). October 2 (Monday) This is the last day for persons nominated by any means for the same office by more than one political party to elect the party or parties for which they will be candidates (at least 36 days before the date of the election). 17 V.S.A. § 2474(a). 25 (Wednesday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m. 17 V.S.A. § 2811(a)(1). 28 (Saturday) This is the last day to apply for addition to the checklist in order to vote in the general election. Clerks' offices will be kept open from 10:00 a.m. until 12:00 noon to receive applications. 17 V.S.A. §2144(a). This is also the last day for town clerks to receive a request for an application for addition to the checklist accompanying an absentee ballot request. 17 V.S.A. § 2532(b) and (c). 30 (Monday) This is the deadline for filing ten-day pre-general campaign finance reports by candidates for county office. If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2821(a)(2) and 2103(13). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c). November 7 (Tuesday) GENERAL ELECTION DAYClerks must post a copy of all absentee voters at their office and in each polling place as soon as it opens and until all votes are counted, listing each absentee voter's name and address. 17 V.S.A. § 2534. 14 (Tuesday) At 10:00 a.m. all canvassing committees meet to tally returns and issue certificates of election to the candidates elected. 17 V.S.A. § 2592(g), (h). December 18 (Monday) This is the deadline for filing forty-day post election campaign finance reports with the Secretary of State by candidates for the general assembly who have expended or received $500.00 or more, and candidates for state office, political committees and parties. Also deadline for filing forty-day post election campaign finance reports by county office candidates who have made expenditures or received contributions of $500.00 or more. County candidates shall file with the officer with whom his or her nomination papers were filed. Copies of these reports must be forwarded by the county clerks to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c). If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2811, 2821, 2831 and 2103(13).
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Title 17 Chapter 59 Campaign Finance | |
§ 2801. DEFINITIONSAs 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: Candidates who have made expenditures or received contributions of
$500.00 or more and political committees shall be subject to the following requirements: § 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: (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. § 2805. LIMITATIONS OF CONTRIBUTIONS (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. (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. § 2806. PENALTIES § 2807. NEW CAMPAIGN ACCOUNTS Candidates who choose to open 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. This final report shall disclose all contributions and expenditures and the disposition of all debts and assets attributable to the former campaign as of the date of the filing of the final report. § 2808. PREPARATION OF LIST OF CAMPAIGN EXPENDITURESNot later than five days after receipt of campaign finance reports under this chapter, the secretary of state shall prepare a list of the accumulated amount of expenditures reported by each candidate. § 2809. ACCOUNTABILITY FOR RELATED EXPENDITURES(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. § 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. § 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. § 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 40 days before
the primary election and on the 25th of each month thereafter and continuing to the
general election. § 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: § 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. § 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. § 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. As used in this subchapter: (1) "Affidavit" means the Vermont campaign finance affidavit
required under section 2852 of this title. § 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. § 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 accepting
contributions totaling $500.00 or more or by making expenditures totaling $500.00 or more
prior to February 15 of the general election year. § 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. (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 subchapter. § 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. § 2881. DEFINITIONS § 2882. IDENTIFICATIONAll political advertisements shall contain the name and address of the person who paid for the advertisement. The advertisement shall clearly designate the name of the candidate, party or political committee by or on whose behalf the same is published or broadcast. In the case of printed or written matter, the name and address shall be printed or written large enough to be clearly legible, except that this shall not apply to buttons or any written or printed matter attached to or displayed on any motor vehicle. § 2883. NOTICE OF EXPENDITURE (a) For purposes of this section, "mass media activities"
includes television commercials, radio commercials, mass mailings, literature drops and
central telephone banks which include the name or likeness of a candidate for office. The Office of the Secretary of State does not discriminate against individuals with disabilities in the provision of services, programs or activities. Under the Americans with Disabilities Act of 1990 (ADA) any qualified individual with a disability is eligible to participate in or benefit from any service, program or activity provided by the office. If you need an accommodation in order to participate, please inform:
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